How to File a Counterclaim in Tasmania Magistrates Court
When a Counterclaim Makes Sense
A counterclaim is appropriate when the person suing you also owes you money from the same transaction or dispute. Common scenarios in Tasmania's Magistrates Court include:
- A contractor sues you for unpaid work, but their defective work caused damage to your property.
- A former landlord claims property damage, but they are holding your bond without justification and owe you for repairs you made during the tenancy.
- A buyer of your car claims mechanical defects, but they still owe you part of the purchase price.
The counterclaim is filed at the same time as your defence, combined into a single document: Form 5 (Defence and Counterclaim).
Filing Fees
Filing a defence is free. The counterclaim portion carries a separate fee:
| Counterclaim Amount | Filing Fee (2026–2027) |
|---|---|
| Any amount up to the A$15,000 minor civil claim limit | A$147.00 |
The fee is set under the Fee Units Act 1997 and adjusted annually on 1 July based on CPI movements. The current fee unit value is A$1.96.
If you cannot afford the filing fee, you can apply for a fee waiver from the Registrar by submitting a Fee Waiver Application with supporting financial documentation. Health Care Card holders and pensioners may qualify.
How to File
Complete Form 5 with two distinct sections: your defence (why you dispute the original claim) and your counterclaim (the facts supporting your own claim, the amount, and the evidence). Submit the original plus three copies at the registry where the original claim was filed.
Your counterclaim amount must fall within the minor civil claims threshold of A$15,000. If your counterclaim exceeds A$15,000 but is no more than A$50,000, the entire proceeding — including the original claim — is reclassified and transferred to the General Civil Claims track. Claims above A$50,000 require the written consent of all parties for the Magistrates Court to hear them. The general track brings formal evidence rules, potential liability for the other party's legal costs, and removes the restriction on legal representation.
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What Happens to the Original Claim
The original claim and your counterclaim proceed together through the same conciliation conference and, if needed, the same hearing. The Magistrate decides both at the same time.
If the claimant withdraws or discontinues their original claim after you file Form 5, your counterclaim continues as an independent proceeding. You do not lose your claim just because they dropped theirs.
The Offset Calculation
At the hearing, the Magistrate may find that both sides owe money. If the claimant proves A$8,000 owed and you prove a A$3,000 counterclaim, the court considers both claims in the same proceeding and decides each. The resulting orders depend on the findings.
Do Not File Late
The 21-day deadline for filing a defence applies equally to Form 5. If you have a cross-claim, file Form 5 with your defence rather than assuming you can add it later.
Our Responding to a Minor Civil Claim in Tasmania guide includes worked examples of counterclaim filings and a worksheet for calculating your claim amount against the original.
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