New South Wales Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 50.10

50.10 Cross-appeal

(cf SCR Part 14, rule 3, Part 51A, rule 12)

(1) If a defendant to an appeal wishes to appeal from the whole or part of a decision, that defendant must file a cross-summons.

(2) The defendant must file the cross-summons--

(a) within 28 days after service of the summons commencing the appeal on the defendant, or

(b) if the appeal relates to the decision of a judicial officer, within such further time as the judicial officer may allow so long as the application for such further time is filed within 28 days after service of the summons commencing the appeal on the defendant, or

(c) within such further time as the higher court may allow.

(3) An application for an extension of time under subrule (2)(c) must form part of the cross-summons.

(4) Subject to subrules (1), (2) and (3), Division 2 applies to the cross-appeal and cross-summons.

(5) This rule does not apply to proceedings that are entered in the Commercial List in the Supreme Court.