Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 15.06

Cross-claim to be accompanied by statement of cross - claim or affidavit

  (1)   A notice of cross - claim must be accompanied by:

  (a)   if the originating application was accompanied by a statement of claim or an alternative accompanying document referred to in rule   8.05--a statement of cross - claim; or

  (b)   if the originating application was accompanied by an affidavit--an affidavit; or

  (c)   if an order has been made in the principal proceeding that the principal proceeding continue on pleadings--a statement of cross - claim.

Note 1:   In some cases in Chapter   3, the rules prescribe the documents that must accompany an originating application.

Note 2:   A cross - claimant's statement of cross - claim must comply with rule   16.02.

  (2)   An affidavit mentioned in paragraph   (1)(b) must state the material facts on which the cross - claimant relies that are necessary to give the cross - respondent fair notice of the case to be made against the cross - respondent at trial.

Note:   Division   16.1 provides for the content of a statement of claim.


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