New South Wales Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 51.9A

51.9A Service of notice of intention to appeal by prospective respondent

(1) A prospective respondent who intends only to cross-appeal need not file a notice of intention to appeal in order to preserve the right to cross-appeal.

(2) However, a prospective respondent who wishes to preserve a right to seek leave to appeal or to appeal in the event that the applicant giving notice of intention to appeal (the
"original applicant" ) does not commence the proceedings contemplated by the notice may, within 14 days of receiving the notice of intention to appeal, file and serve a notice of intention to appeal.

(3) If a prospective respondent files and serves a notice of intention to appeal in accordance with subrule (2) and the original applicant does not commence the proceedings contemplated by the applicant's notice of intention to appeal, the prospective respondent may file and serve the relevant originating process within 28 days of the expiration of the time allowed under rule 51.9 for the original applicant to commence proceedings.