Part 3 Commencing and carrying on proceedings generally
19 Commencing and carrying on proceedings
(cf Act No 9 1973, sections 53 and 56; Act No 11 1970, section 22)
(1) Subject to this Act, proceedings are to be commenced and carried on in the manner prescribed by rules of court.(2) For the purposes of this Act and the uniform rules, carry on proceedings includes defend proceedings.
20 Claims for possession of land
(cf Act No 52 1970, section 79)
A claim for judgment for possession of land takes the place of a claim in an action for ejectment that could have been brought under the practice of the Supreme Court as it was immediately before 1 July 1972.Note. 1 July 1972 was the date of commencement of the Supreme Court Act 1970.
21 Defendant’s right to set-off
(1) If there are mutual debts between a plaintiff and a defendant in any proceedings, the defendant may, by way of defence, set off against the plaintiff’s claim any debt that is owed by the plaintiff to the defendant and that was due and payable at the time the defence of set-off was filed, whether or not the mutual debts are different in nature.(2) This section extends to civil proceedings in which one or more of the mutual debts is owed by or to a deceased person who is represented by a legal personal representative.(3) This section does not apply to the extent to which the plaintiff and defendant have agreed that debts (whether generally or as to specific debts) may not be set off against each other.(4) This section does not affect any other rights or obligations of a debtor or creditor in respect of mutual debts, whether arising in equity or otherwise.(5) This section is subject to section 120 of the Industrial Relations Act 1996.(6) In this section, debt means any liquidated claim.Note. The application of this provision to existing debts is dealt with in clause 6 of Schedule 6 (Savings, transitional and other provisions).
22 Defendant’s right to cross-claim
(cf Act No 52 1970, section 78; Act No 11 1970, section 15; DCR Part 20, rule 1)
(1) Subject to subsection (2), the court may grant to the defendant in any proceedings (the first proceedings) such relief against any person (whether or not a plaintiff in the proceedings) as the court might grant against that person in separate proceedings commenced by the defendant for that purpose.(2) Relief may not be granted under this section against a person who is not a plaintiff in the first proceedings unless the relief relates to, or is connected with, the subject of the first proceedings.(3) A person against whom a defendant makes a claim for relief under this section:(a) has the same rights in respect of his or her defence against the claim as he or she would have in separate proceedings commenced against the person by the defendant, and(b) if not already a party to the first proceedings:(i) becomes a party to the first proceedings, and(ii) unless the court otherwise orders, is bound by any judgment (including a judgment by consent or by default) or decision (including a decision by consent) on any claim for relief in the proceedings (including a claim for relief in any cross-claim in the proceedings).
23 Effect of abandoning excess claim
(cf Act No 9 1973, section 50; Act No 11 1970, section 14)
(1) If, in any proceedings on a claim, the cause of action giving rise to the claim is for more than the court’s jurisdictional limit:(a) the person may abandon the excess by a statement to that effect in the originating process, and(b) in that event, the person’s claim is taken to be reduced by the amount of the excess.(2) If a person’s claim is successful in respect of a cause of action:(a) the amount recoverable by the person (exclusive of costs and interest) is not to exceed the court’s jurisdictional limit, and(b) the judgment in the proceedings is in full discharge of all of the person’s demands in respect of that cause of action, and(c) entry of the judgment in the records of the court is to be made accordingly.(3) This section is subject to section 51 of the District Court Act 1973 and section 31 of the Local Court Act 2007.Note. Under those sections, claims in the District Court or the Local Court for amounts in excess of the court’s jurisdictional limit can, in some cases, be dealt with by consent of parties.
24 Effect of splitting cause of action
(cf Act No 9 1973, section 49; Act No 11 1970, section 13)
(1) If:(a) a person (the first person) splits any cause of action against another person (the other person) so as to commence proceedings, or make a cross-claim, for part only of the amount for which proceedings may be commenced on that cause, and(b) judgment is given or entered, or a final order is made, on the proceedings or cross-claim,the other person is entitled to judgment in any other proceedings, whether in that or any other court, with respect to the same cause of action.(2) Despite subsection (1), if the other person has given a number of securities in respect of a claim made by the first person, the first person:(a) may commence proceedings in any court in respect of each of those securities, or(b) may make a cross-claim in proceedings in any court in respect of each of those securities,as if each of those securities gave rise to a distinct cause of action, and may do so whether or not the claim made by the first person is for an amount that is more than the court’s jurisdictional limit.