Federal Court Rules 2011

The rules of this Division apply to a cross‑appeal as if it were an appeal.

A respondent who wants to appeal from a decision, or a part of a decision, from which the applicant has appealed, must file a notice of cross‑appeal, in accordance with Form 76.

The notice of cross‑appeal must be filed within the time mentioned in section 174 of the ART Act.

The notice of cross‑appeal must state the following:

the part of the decision the respondent cross‑appeals from or contends should be varied;

the precise question or questions of law to be raised on the cross‑appeal;

any findings of fact that the Court is asked to make;

the relief sought instead of the decision appealed from, or the variation of the decision that is sought;

briefly but specifically, the grounds relied on in support of the relief or variation sought.

The Court can only make findings of fact in limited circumstances—see section 177 of the ART Act.

The notice of cross‑appeal must be filed within 21 days after the respondent was served with the notice of appeal.

The respondent must serve a copy of the notice of cross‑appeal on:

each other party to the proceeding; and

the Registrar of the Tribunal.