Counterclaim Form 5 Tasmania — Filing a Counterclaim in Magistrates Court

You filed a claim against someone in the Tasmania Magistrates Court, and instead of just defending, they've filed a counterclaim against you. Or maybe you're the defendant, and you want to do more than defend — you want money from the claimant too. Either way, a counterclaim changes the dynamics of a minor civil claim.

What a Counterclaim Is

A counterclaim is a separate claim filed by the defendant against the claimant, within the same proceedings. Instead of simply denying what the claimant says, the defendant asserts their own cause of action — "Not only do I not owe you $8,000, but you actually owe me $3,500 for the damage you caused."

In Tasmania, a counterclaim is filed using Form 5 under the Magistrates Court (Civil Division) Rules 1998. Form 5 is the Defence and Counterclaim. It must be filed with the defence within 21 days after service of the original claim; the Court may grant leave to file it later.

When Counterclaims Happen

Counterclaims are common in disputes where both parties believe the other owes them money:

• Contractor disputes — the homeowner claims for defective work, the contractor counterclaims for the unpaid balance of the contract
• Tenancy disputes — the landlord claims for property damage, the tenant counterclaims for the unreturned bond or withheld repairs
• Sale disputes — the buyer claims for a defective product, the seller counterclaims for unpaid instalments
• Neighbour disputes — one party claims for fence costs, the neighbour counterclaims for damage caused during the fence work

Rule 50 allows a defendant to file a counterclaim or set-off against the claimant in an approved form. It does not require the counterclaim to arise from the same facts or transaction as the original claim.

Filing a Counterclaim

The defendant files Form 5 at the same Magistrates Court registry where the original claim was lodged. The filing fee for a counterclaim is $147, regardless of the counterclaim amount (up to the $15,000 minor civil limit).

Form 5 requires the same level of detail as the original Form 1:

• The full legal name of the party you're counterclaiming against (the original claimant)
• A clear statement of facts — what happened, when, and how the claimant owes you money
• The specific dollar amount claimed
• Any supporting calculations

The counterclaim must be served on the original claimant, who then has 14 days after service to file a Defence to Counterclaim under Rule 51.

What Happens at Conciliation and Hearing

When both a claim and counterclaim exist, the Magistrate hears both matters together. At conciliation, the conference covers both sides' claims — this can actually make settlement easier because there's a natural set-off. If the claimant is owed $8,000 and the defendant is owed $3,500, the net figure gives both parties a clearer picture of what a reasonable settlement looks like.

If conciliation fails and the matter goes to a hearing, the Magistrate decides both the claim and counterclaim. The judgment might:

• Award the full claim and dismiss the counterclaim
• Dismiss the claim and award the counterclaim
• Award both and set off one against the other (e.g., "Claimant is owed $8,000 minus $3,500, net judgment of $4,500")
• Dismiss both

If You're the Claimant Facing a Counterclaim

Receiving a counterclaim can be unsettling — you filed to recover money, and now you're being asked to pay. Don't panic. A counterclaim doesn't weaken your original claim. It just means both claims get decided together.

You'll need to prepare a response to the counterclaim (essentially defending against it) while continuing to prosecute your original claim. This means preparing evidence for both sides of the dispute — documents supporting your claim and documents rebutting the counterclaim.

Organise your evidence clearly so the Magistrate can follow both lines of argument without confusion.

Next Steps

Whether you're filing a counterclaim or facing one, the core process — Form 1, service rules, the 21-day timeline, evidence preparation, and hearing procedure — follows the same minor civil claims framework. The Tasmania Minor Civil Claim Filing System covers the complete filing and hearing process for claims up to $15,000 in the Magistrates Court.

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