1-) Being subject to separate fees,
Article 6 of the Law on Fees; counterclaim is subject to a separate fee like a separate lawsuit.
“…If the fee is not paid in advance or in due time, the subsequent proceedings shall be continued only after the fee is paid… The fee was fulfilled. By the defendant counterclaimant within the period given by the court…” (Court of Cassation 2nd HD., E. 2011/ 2478, K. 2011/3377, T. 28.2.2011)
Although the persons do not pay the fee in due time. Filing an independent lawsuit without delay. Will provide them with a solution. Because, since the connection condition is also fulfilled in divorce cases. The cases will be consolidated and the dispute will be resolved in this way. It should be noted that this solution will also be applied to other cases, provided that there is a connection between them.[5]
2-) Also awarding an attorney fee and judgement expenses,
In Article 8 of the Lawyers’ Minimum Fee Tariff titled “Fee in counterclaim, consolidation and separation of cases”; ”…In the event that a counterclaim is filed during the follow-up of a case, another case is consolidated. With this case or the cases are separated, a separate fee is charged for each case.” Pursuant to the regulation, a separate attorney’s fee and judgement. Expenses shall be awarded for the counterclaim.
3-) The necessity of separate judgements
Separate judgements. Must be made for the counterclaim and the main action. In practice, firstly the judgement on the main case and then. The judgement on the counterclaim is established. The point to be considered. Here is that both provisions regarding. The main case and the counterclaim. Must fulfil all the conditions sought for the judgement.
4-) The counterclaim must be subject to a separate appeal and appeal remedy
Both the main case and the counterclaim are subject. To a separate legal remedy of appeal or cassation. For the counterclaim to be appealed. An application for appeal/appeal must be made separately and in a way to individualise. The counterclaim and within the time limit.
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