(1) A respondent who wants to apply for an extension of time within which to file a notice of cross-appeal must file an application, in accordance with Form 67.
(2) The application may be made during or after the period mentioned in rule 36.22.
(3) The application must be accompanied by:
(a) an affidavit stating:
(i) briefly but specifically, the facts on which the application relies; and
(ii) why the notice of cross-appeal was not filed within time; and
(b) a draft notice of cross-appeal that complies with rule 36.21.
Note An application under this rule will be heard by a single Judge, unless the application is made in a proceeding that has already been assigned to a Full Court and the Full Court considers it appropriate to hear and determine the matter.