Northern Territory Consolidated Regulations

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SUPREME COURT RULES 1987 - REG 82.08

Cross-appeal

    (1)     A respondent who wishes to appeal from the decision being appealed from must file a notice of cross-appeal.

    (2)     A notice of cross-appeal must be filed and served within 14 days after the day the notice of appeal is served on the respondent.

    (3)     A notice of cross-appeal must be served on:

        (a)     the other parties to the appeal; and

        (b)     any other person known by the cross-appellant to be directly affected by the relief sought by the cross-appellant.

    (4)     The notice of cross-appeal must include the following information:

        (a)     a statement whether the cross-appeal is from the whole or part only of the decision and, if part only, a description of what part;

        (b)     for a cross-appeal in a criminal appeal:

            (i)     if the cross-appeal is by a person found guilty – a statement whether the cross-appeal is against a finding of guilt or a special finding referred to in section 410(a) of the Criminal Code; or

            (ii)     if the cross-appeal is by a Crown Law Officer under section 414(1) of the Criminal Code – a description of what part of the sentence, determination, declaration or order is the subject of the cross-appeal;

        (c)     the grounds of the cross-appeal;

        (d)     the judgment, relief or decision sought by the cross-appellant.

    (5)     The rules applicable to a notice of appeal apply to a notice of cross-appeal, with the necessary changes.

Note for rule 82.08

The necessary respondents to a cross-appeal are identified in rule 82.26(1). The Court may join other persons as respondents under rule 82.26(2) and (3).



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