NTCAT Counterclaim Form

When someone files a small claim against you in NTCAT, you might have a claim of your own against them. A contractor sues you for unpaid work, but the work was defective. A buyer claims you sold them a faulty car, but they still owe you the final payment. In these situations, a counterclaim lets you bring your own monetary claim within the same proceedings.

The catch: there is no standalone "counterclaim form" in NTCAT. The mechanism depends on whether your counterclaim arises from the same facts as the original claim.

Counterclaims Inside the Form 2

If your counterclaim is directly connected to the transaction or events described in the applicant's Form 1 — which it usually is — you include it in Part C of your Form 2 Response. You set out what the applicant owes you, the factual basis for the claim, and the specific orders you're asking NTCAT to make.

For example, if a contractor claims $8,000 for completed work and you say $5,000 of that work was defective and needs rectification, your Form 2 would dispute the claimed amount and counterclaim the $5,000 in rectification costs, all within the same document.

Filing a counterclaim through the Form 2 doesn't attract an additional fee — the Form 2 is free for respondents.

When You Need a Separate Form 1

If NTCAT determines that your counterclaim isn't sufficiently connected to the original dispute — say the applicant sues you over a building job and you want to counterclaim for an unrelated personal loan — the tribunal can order you to file a separate Form 1 Initiating Application. That triggers its own filing fee, which ranges from $126 to $504 for individuals depending on the claim amount.

The A$25,000 Ceiling

Counterclaims are assessed independently against NTCAT's jurisdictional limit. Your counterclaim cannot exceed A$25,000 in principal value. If your actual loss is higher, you must explicitly abandon the excess in writing to keep the matter in NTCAT — or consider applying to transfer to the Local Court, which handles civil matters up to A$100,000.

Practical Tips

Be specific in Part C. State the dollar amount you're claiming, explain the factual basis clearly, and connect it to the same events the applicant relied on. Vague counterclaims invite NTCAT to order a separate filing.

Don't attach evidence to the Form 2 — that comes later when NTCAT issues directions for evidence exchange. And remember that filing your Form 2 isn't enough; you also need to serve a copy on the applicant and lodge a Form 6 confirming service.

For a structured walkthrough of the counterclaim process and every other response option, see the NTCAT Response Guide.

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