Commonwealth Numbered Regulations

1979 No. 140 FEDERAL COURT RULES - RULE 5.11

11. (1) Subject to this Order and to Order 11, a proceeding on a cross-claim
shall follow as nearly as may be the course of the proceeding on the
originating process in respect of which the cross-claim is filed.

(2) Subject to this Order and to Order 11, and without limiting the generality
of sub-rule (1), these Rules apply to a cross-claim and the proceeding arising
from it as they apply to the originating process in respect of which the
cross-claim is filed and the proceeding arising from it.

(3) Sub-rules (1) and (2) apply as if-

   (a)  the cross-claim were the originating process in respect of which the
        cross-claim is filed;

   (b)  the cross-claimant were an applicant; and

   (c)  the respondent to the cross-claim were a respondent.

(4) An applicant in an originating process need not enter an appearance to a
cross-claim in the same proceeding.

(5) An appearance entered by a party to the proceeding shall, upon service of
a cross-claim on him, operate as an appearance to the cross-claim.

(6) A cross-respondent who has not previously entered an appearance in the
original proceedings shall enter an appearance-

   (a)  where the cross-claim is served on him before the date appointed for a
        directions hearing in the application in the original
        proceeding-before that date; or

   (b)  in any other case-within 14 days after service of the cross-claim on
        him.

(7) Subject to this Order, the trial or hearing and all other steps in the
proceeding on the cross-claim shall as far as practicable be carried on
together with the trial or hearing and similar steps in the proceeding on the
originating process in respect of which the cross-claim is filed.