(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).