ACAT Counterclaim — How to File a Counter-Application in a Civil Dispute

Being served with an ACAT civil dispute application does not mean you are limited to defending. If you have your own claim against the applicant arising from the same transaction or relationship, you can file a counterclaim at the same time as your response — turning the proceeding into a dual-claim action heard together.

Where the Counterclaim Goes

Section C of Approved Form AF2021-29 (the standard ACAT civil dispute response form) is specifically designated for counter-applications. You complete Sections 1 through 5 as normal with your response to the original claim, then fill in Section C with the details of your own claim: the amount sought, the factual basis, and the orders you want ACAT to make.

Both claims are listed at the same initial Directions Hearing and proceed concurrently. No separate application form is needed.

Fees and the $25,000 Limit

Filing a standard response (Sections A and B only) costs nothing. Adding a counterclaim in Section C incurs a filing fee scaled to the monetary value of your counter-application under the Court Procedures (Fees) Determination 2026:

• Claims up to $3,000: $93 for individuals, $185 for corporations
• Claims between $3,001 and $15,000: $195 for individuals, $392 for corporations
• Claims between $15,001 and $25,000: $707 for individuals, $1,415 for corporations

Corporations with annual turnover under $200,000 (or incorporated not-for-profit organisations) pay the individual rate. Concession card holders are exempt.

ACAT's standard jurisdictional cap of $25,000 applies to counterclaims. If your counterclaim exceeds that, you can abandon the excess under section 20 of the ACAT Act (the abandoned portion is lost permanently) or get written agreement from the applicant under section 21 to extend ACAT's jurisdiction.

Payment at Lodgement

If lodging in person, pay the fee by EFTPOS at the registry counter (AMEX is not accepted). If posting, enclose a completed Credit Card Payment Authorisation Form or a bank cheque/money order. Email lodgement is not available when an unpaid fee is due — the registry's systems reject submissions requiring payment by email.

What to Include in Your Counterclaim

Keep the factual grounds concise. You need the amount claimed, the contractual or factual basis (work not completed, goods not delivered, damage caused by the applicant's conduct), and the specific orders you want. Detailed legal submissions are not required at this stage.

If your counterclaim involves a third party who contributed to the loss, you can join them using Form AF2021-30 (Third Party Notice) within 21 days of filing your response.

For a complete walkthrough of the response form — including how to coordinate a counterclaim with your main defence — see the ACT ACAT Response Guide.

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