Commonwealth Numbered Regulations
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1979 No. 140 FEDERAL COURT RULES - RULE 5.8
Cross-claims by leave
8. (1) Subject to sub-rules 9 (1) and (2), a respondent may cross-claim
against an applicant or any other party without the leave of the Court, but
may not cross-claim against any other person not being a party without such
leave.
(2) Subject to sub-rule (4), a respondent shall not cross-claim against an
applicant before he has filed an affidavit in reply to the applicant's claim.
(3) A cross-claim shall be in or substantially in the forms numbered 8 or 9 in
the First Schedule, and shall be accompanied by an affidavit stating-
(a) the nature of the cross-claim;
(b) the material facts on which the cross-claimant relies; and
(c) the facts showing that the cross-claim is one to which rule 1 of this
Order applies.
(4) A respondent who cross-claims against an applicant only may include the
matters referred to in sub-rule (3) in his affidavit in reply to the
applicant's claim, and need not file a separate affidavit in support of the
cross-claim.
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