New South Wales Consolidated Regulations

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UNIFORM CIVIL PROCEDURE RULES 2005 - REG 50.13

Leave to cross-appeal

50.13 Leave to cross-appeal

(cf SCR Part 51A, rule 2A)

(1) A cross-summons seeking leave to cross-appeal must be filed--
(a) within 14 days after service of the summons commencing the appeal or the summons seeking leave to appeal, or
(b) within such further time as the higher court may allow.
(2) An application for an extension of time under subrule (1)(b) must form part of the summons commencing the appeal.
(3) The cross-summons must contain a statement as to--
(a) whether the cross-appeal relates to the whole or part only, and what part, of the decision of the court below, and
(b) what decision the defendant seeks in place of the decision of the court below.
(4) The cross-summons must also contain a statement of--
(a) the nature of the case, and
(b) the reasons why leave should be given, and
(c) if applicable, the reasons why time to apply for leave should be extended,
setting out briefly but specifically the grounds relied on in support of the cross-appeal including, in particular, any grounds on which it is contended that there is an error of law in the decision of the court below.



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