Counterclaims and Third Party Claims

• Author: Tina Kamakaris/Jane Kamakaris/Louis Kamakaris
• Pages: 169-186

169

Chapter 12 Counterclaims and Third Party Claims

CHAPTER 12

is chapter covers that part of the pleadings stage that tells everybody’s side of the story through

pleadings that are collectively referred to as counterclaims.

COUNTERCLAIMS

Counterclaims are pleadings where parties to actions can make claims against each other as well

as against new parties. e pleadings involved in counterclaims include the following:

Statement of Defence and Counterclaim (Against

Parties to Main Action Only), Form 27A

Statement of Defence and Counterclaim (Against

Plaintiff and Person Not Already Party to Main

Action), Form 27B

Defence to Counterclaim, Form 27C

Reply to Defence to Counterclaim, Form 27D

STATEMENT OF DEFENCE AND COUNTERCLAIM (AGAINST

PARTIES TO MAIN ACTION ONLY), FORM 27A

In this counterclaim, the defendant basically states, “Not only do I not owe the plainti any

money, but the plainti owes me money.” e rst part of the pleading is the defence to the

plainti’s statement of claim, and the second part is the counterclaim against the plainti; hence,

statement of defence and counterclaim. e lawyer for the defendant must serve the statement

of defence and counterclaim (against parties to main action only), Form 27A, Precedent 12.1, on

all parties to the action within 20/40/60 days after service of the statement of claim and le it,

with proof of service, in the court oce where the action was commenced.

STATEMENT OF DEFENCE AND COUNTERCLAIM (AGAINST

PLAINTIFF AND PERSON NOT ALREADY PARTY TO MAIN

ACTION), FORM 27B

In this counterclaim, the defendant, Fred, defends the action against the plainti, Barnie, and

counterclaims against the plainti Barnie and against a new person, George. e statement of

defence and counterclaim (against plainti and person not already party to main action), Form

27B, Precedent 12.2, diers from the one where the counterclaim is against the parties to the

main action, as follows:

COUNTERCLAIMS

AND THIRD PARTY

CLAIMS

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170 Legal Office Procedures

1. e heading of the statement of defence and counterclaim (Form 27B) contains a second title

of proceeding, which must also appear on all subsequent documents, e.g:

First title of proceeding: Barnie is plainti

and

Fred is defendant

Second title of proceeding: Fred is plainti by counterclaim

and

Barnie and George are defendants to the counterclaim

STATEMENT OF DEFENCE AND COUNTERCLAIM

2. Form 27B must be issued because it constitutes an originating process against the new party

(George) being brought in.

3. Rule 27.04 requires that where a new party is being brought in, Form 27B be served, after it

has been issued, on the parties to the main action and, together with all the pleadings previously

delivered in the main action, on a defendant to the counterclaim who is not already a party

to the main action, and be led with proof of service within thirty days after the statement

of defence and counterclaim is issued, or at anytime before the defendant is noted in default.

DEFENCE TO COUNTERCLAIM, FORM 27C

Under Rule 27.05, the defence to counterclaim, Form 27C, Precedent 12.3, is delivered as follows:

(1) e plainti and any other defendant to a counterclaim who is already a party to

the main action shall deliver a defence to counterclaim, Form 27C, within 20 days after

service of the statement of defence and counterclaim.

(2) Where the plainti delivers a reply in the main action, the defence to counterclaim

shall be included in the same document as the reply and the document shall be entitled

a reply and defence to counterclaim.

(3) A defendant to a counterclaim who is not already a party to the main action shall

deliver a defence to counterclaim, Form 27C, within 20/40/60 days after service of the

statement of defence and counterclaim.

For example:

After being served with the statement of defence and counterclaim (against

plainti and person not already party to main action), Form 27B, the following

would apply:

Defence to counterclaim, Form 27C, by Barnie

Defence to counterclaim, Form 27C, by George

Copyright © 2022 Emond Montgomery Publications. All Rights Reserved.