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FEDERAL COURT RULES 2011 (SLI NO 134 OF 2011) - RULE 15.06 Cross-claim to be accompanied by statement of cross-claim or affidavit

FEDERAL COURT RULES 2011 (SLI NO 134 OF 2011) - RULE 15.06

Cross-claim to be accompanied by statement of cross-claim or affidavit

         (1)   A notice of cross-claim must be accompanied by:

                (a)    if the originating application was accompanied by a statement of claim -- a statement of cross-claim; or

               (b)    if the originating application was accompanied by an affidavit -- an affidavit; or

                (c)    if an order has been made in the principal proceeding that the principal proceeding continue on pleadings -- a statement of cross-claim.

Note 1    In some cases in Chapter 3, the rules prescribe the documents that must accompany an originating application.

Note 2    A cross-claimant's statement of cross-claim must comply with rule 16.02.

         (2)   An affidavit mentioned in paragraph (1) (b) must state the material facts on which the cross-claimant relies that are necessary to give the cross-respondent fair notice of the case to be made against the cross-respondent at trial.

Note    Division 16.1 provides for the content of a statement of claim.