Australian Capital Territory Numbered Regulations

COURT PROCEDURES RULES 2006 (NO 29 OF 2006) - REG 5416

(SCR o 86 r 30; Qld r 757)

    (1)     A respondent need not file a notice of cross-appeal if the respondent—

    (a)     proposes to contend that a question of fact or law has been incorrectly decided against the respondent but does not seek to have the order appealed from set aside or the order amended; or

    (b)     wants to contend that the order appealed from should be confirmed on a ground other than the ground relied on by the court.

    (2)     However, the respondent must—

    (a)     file a notice of contention in the court not later than 28 days after the day the notice of appeal is served on the respondent, or not later than any further time allowed by the Court of Appeal; and

    (b)     serve a stamped copy of the notice of contention, not later than 7 days after the day the notice of contention is filed, but no later than 5 days before the day for settling the appeal papers, unless the Court of Appeal otherwise orders, on the following:

    (i)     each appellant and any other respondent;

    (ii)     any other party to the proceeding in which the order appealed from was made who would be directly affected by the order that the respondent seeks; and

Note 1     If a form is approved under the Court Procedures Act 2004 , s 8 for this provision, the form must be used.

Note 2     Pt 6.2 (Applications in proceedings) applies to an application for further time.

    (c)     give notice to the appellant of the record of evidence or documents before the court relevant to the respondent's contention, for inclusion in the appellant's draft index of the appeal papers; and

    (d)     when the appeal papers are being settled, ask the Court of Appeal to include the record of evidence or documents in the appeal papers.

    (3)     The notice of contention must state—

    (a)     the contention; and

    (b)     briefly, but specifically, the grounds relied on in support of the contention.

    (4)     On the hearing of a contention, the respondent making the contention must not, without the Court of Appeal's leave—

    (a)     raise any question that is not stated in the notice of contention; or

    (b)     rely on any ground in support of—

    (i)     the order sought that is not stated in the notice of contention; or

    (ii)     the amendment of the order sought that is not stated in the notice of contention.

Note     Pt 6.2 (Applications in proceedings) applies to an application for leave.

Division 5.4.5     Appeals to Court of Appeal—appeal papers and hearing

Note to div 5.4.5

Appeal and order are defined for this div in r 5400.