Commonwealth Consolidated Regulations

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Notice of cross-appeal

             (1)  The rules of this Part 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 the approved form.

Note:          The notice of cross-appeal must be filed within the time mentioned in subsection 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 subsection 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.

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