Commonwealth Numbered Regulations

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FEDERAL MAGISTRATES COURT RULES 2001 2001 No. 195- RULE 43.04

Notice of cross-appeal and contention

(1) A respondent who wishes to appeal from, or seek a variation of, a part of the decision from which the applicant has appealed, must, within 21 days after service on the respondent of the notice of appeal (or such further time as the Court allows):

(a)
file a notice of cross-appeal in accordance with Form 42 of the Federal Court Rules; and

(b)
serve a copy of the notice on each other party to the proceeding.

(2) The notice must state:

(a)
the relevant parts of the decision; and

(b)
each question of law to be raised on the cross-appeal; and

(c)
the relief sought instead of the decision appealed from or the variation sought; and

(d)
briefly but specifically the grounds relied on.

(3) If a respondent contends that a matter of law has been erroneously decided against the respondent but does not wish to appeal from or vary a part of the decision, the respondent must:

(a)
give notice of the contention to the applicant; and

(b)
give notice to the applicant of the record of evidence or documents before the Tribunal relevant to the contention; and

(c)
request that the record of evidence or documents be included in the appeal papers.



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