Commonwealth Numbered Regulations

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1979 No. 140 FEDERAL COURT RULES - RULE 52.22

Cross-appeal
22. (1) A respondent who desires to appeal from a part of the judgment or to
seek a variation of a part of the judgment, need not institute a substantive
appeal, but he shall-

   (a)  within 21 days after the service upon him of the notice of appeal, or
        within such further time as the Court fixes, file in the Registry a
        notice of cross-appeal; and

   (b)  serve a copy of the notice upon the appellant and any other person
        affected by the relief which he seeks.

(2) The notice of cross-appeal shall state what part of the judgment he
cross-appeals from or contends should be varied, and shall state briefly, but
specifically, the grounds of the cross-appeal and-

   (a)  the relief which he seeks in lieu of the order cross-appealed; or

   (b)  the variation of that order which he seeks.

(3) If a respondent proposes to contend that some matter of fact or law has
been erroneously decided against him but does not seek a discharge or
variation of a part of the judgment pronounced, he need not give a notice of
cross-appeal but shall-

   (a)  give notice of his contention to the appellant;

   (b)  give notice to the appellant of the record of evidence or documents
        before the court below relevant to his contention, for inclusion in
        the appellant's draft index to be prepared in accordance with sub-rule
        26 (1); and

   (c)  at the appointment to settle the appeal papers, request the Registrar
        to include such record of evidence or documents in the appeal papers.



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