New South Wales Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 51.11

51.11 Filing and service of cross-summons seeking leave to cross-appeal

(cf SCR Part 51, rule 4(2), (4) and (5)-(7))

(1) A respondent who requires leave to cross-appeal must file a cross-summons seeking leave to cross-appeal and serve it on each necessary party within--

(a) 28 days after the filing of a summons seeking leave to appeal, or

(b) 28 days after the filing of a notice of appeal,

whichever is the earlier.

Note : A person who files and serves a cross-summons seeking leave to cross-appeal must also file or lodge a copy of the cross-summons with the court below--see rule 51.42.

(2) The Court may extend time under subrule (1) at any time.

(3) An application under subrule (2) may be included in the cross-summons seeking leave to cross-appeal.