Commonwealth Consolidated Regulations

FEDERAL COURT RULES - ORDER 5 RULE 8

         (1)   Subject to subrules 9 (1) and (2), a respondent may cross‑claim against an applicant or any other party without the leave of the Court, but may not cross‑claim against any other person not being a party without such leave.

         (2)   Subject to subrule (4), a respondent shall not cross‑claim against an applicant before he has filed an affidavit in reply to the applicant's claim.

         (3)   A cross‑claim shall be in or substantially in the forms numbered 8 or 9 in Schedule 1, and shall be accompanied by an affidavit stating:

                       (a)    the nature of the cross‑claim;

                      (b)    the material facts on which the cross‑claimant relies; and

                       (c)    the facts showing that the cross‑claim is one to which rule 1 of this Order applies.

         (4)   A respondent who cross‑claims against an applicant only may include the matters referred to in subrule (3) in his affidavit in reply to the applicant's claim, and need not file a separate affidavit in support of the cross‑claim.