Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) The rules of this Division apply to a cross - appeal as if it were an appeal.
(2) A respondent who wants to appeal from a decision, or a part of a decision, from which the applicant has appealed, must file a notice of cross - appeal, in accordance with Form 76.
Note: The notice of cross - appeal must be filed within the time mentioned in section 44(2A) of the AAT Act.
(3) The notice of cross - appeal must state the following:
(a) the part of the decision the respondent cross - appeals from or contends should be varied;
(b) the precise question or questions of law to be raised on the cross - appeal;
(c) any findings of fact that the Court is asked to make;
(d) the relief sought instead of the decision appealed from, or the variation of the decision that is sought;
(e) briefly but specifically, the grounds relied on in support of the relief or variation sought.
Note: The Court can only make findings of fact in limited circumstances--see section 44(7) of the AAT Act.
(4) The notice of cross - appeal must be filed within 21 days after the respondent was served with the notice of appeal.
(5) The respondent must serve a copy of the notice of cross - appeal on:
(a) each other party to the proceeding; and
(b) the Registrar of the Tribunal.