UNIFORM CIVIL PROCEDURE RULES 2005 - REG 51.17 Filing and service of notice of cross-appeal

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 51.17

51.17 Filing and service of notice of cross-appeal

(cf SCR Part 51, rule 18)

(1) A respondent who wishes to seek the discharge or variation of the decision below (or part of the decision below) may file and serve a notice of cross-appeal.

Note : A respondent to an appeal who is entitled to cross-appeal should file a notice of cross-appeal only if the respondent wishes to vary the decision below. If the respondent wishes to have the decision below affirmed on grounds other than those relied on by the court below, the respondent should file and serve a notice of contention as provided by rule 51.40 rather than a notice of cross-appeal. If the respondent objects to the competency of the appeal, the respondent should file and serve a notice of objection to the competency of the appeal as provided by rule 51.41.

(2) A notice of cross-appeal must be filed and served on each necessary party--

(a) if the notice of cross-appeal is filed pursuant to leave to cross-appeal--within 7 days after leave to cross-appeal is given or such other time as the Court may fix, or

(b) in any other case--within--

(i) 14 days after the filing of a summons seeking leave to appeal or a notice of appeal, whichever is the earlier, or

(ii) such other time as the Court may fix.

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

(3) The Court may extend time under subrule (2)(a) or (b)(ii) at any time.

Note : Rule 51.9 provides for the extension of the time for the filing and service of a relevant originating process when a notice of intention to appeal has been filed and served under this Part.

(4) A party applying for an extension under subrule (2) must lodge and serve the draft notice of cross-appeal with the application.