Civil Claim (Plaintiff) - Defending the Claim (Defendant)

Can a defendant counterclaim in the Magistrates' Court?: Yes. A defendant who has a claim against the plaintiff may counterclaim in the proceeding, and must file and serve the counterclaim in Form 10A no later than 21 days after giving notice of defence unless the Court orders otherwise (r 10.02). The counterclaim is heard with the plaintiff's claim unless the Court orders otherwise (r 10.05).

How do I set aside a default judgment in the Victorian Magistrates' Court?: A person against whom a final order was made in a civil proceeding in which they did not appear may apply for the order to be set aside and the proceeding re-heard (s 110 Magistrates' Court Act 1989). The application is filed in Form 46B, states why the applicant did not appear and, if applicable, why no notice of defence was given, and must be served at least 14 days before the hearing date (rr 46.08 and 46.09). An application about an order for the payment of money stays that part of the order (s 110(4)).

Jurisdiction: Magistrates' Court of Victoria, civil jurisdiction, under Part 5 of the Magistrates' Court Act 1989 and the Magistrates' Court General Civil Procedure Rules 2020, with filing through the CMS portal under Practice Direction No. 2 of 2025.

The Process at a Glance: The defendant's lawyer checks how and when the complaint was served and diaries the 21-day defence date. The lawyer assesses jurisdiction, limitation and the merits, then files and serves a Form 8A notice of defence with the Form 4A (or 4AB) and Form 4B certifications, and any Form 10A counterclaim within 21 days after that. The defence then goes through particulars, disclosure, offers of compromise, the referred dispute resolution process and a hearing or arbitration. If an order was made in the client's absence, the lawyer applies for a re-hearing in Form 46B; if the client owes a judgment debt, the lawyer applies for an instalment order and manages any examination or attachment of earnings application.

Key Legislation: Magistrates' Court Act 1989 (Vic) ss 100, 102, 109, 110 and 111; Magistrates' Court General Civil Procedure Rules 2020 Orders 6, 8, 10, 13, 21, 26, 42, 46, 50, 61, 67 and 72; Civil Procedure Act 2010 (Vic) ss 3, 41 and 42; Judgment Debt Recovery Act 1984 (Vic) ss 6, 7, 9 and 12; Limitation of Actions Act 1958 (Vic) s 5.

* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Civil Claim (Plaintiff) - Defending the Claim (Defendant) matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.

This legal matter plan provides a structured workflow for Civil Litigation cases, outlining the standard DISPUTE_LITIGATION process. Utilize these tracking templates to manage your legal cases efficiently.