Commonwealth Numbered Regulations

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FEDERAL COURT RULES 2011 (SLI NO 134 OF 2011) - RULE 33.20

Notice of cross-appeal

         (1)   The rules of this Division 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 Form 76.

Note    The notice of cross-appeal must be filed within the time mentioned in section 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 section 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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