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s 34.28

Notice of cross‑appeal

In force
Chapter 3Original jurisdiction—special classes of proceedings
Part 34Other proceedings
Division 34.3Intellectual property

34.28 Notice of cross‑appeal

(1)

A respondent who wants to appeal from a decision, or part of a decision, of the Commissioner, from which the applicant has appealed must file a notice of cross‑appeal, in accordance with Form 93.

(2) The notice of cross‑appeal must state the following:

(a)

whether the cross‑appeal is from the whole or a part of the decision (including, if the cross‑appeal is from a part only, details of the part);

(b)

the order or orders sought;

(c)

the grounds relied on in support of each order sought;

(d)

the particulars of each ground relied on.

(3)

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

(4)

The respondent must, within 5 days after filing the cross‑appeal, serve the notice of cross‑appeal on:

(a)

the Commissioner; and

(b)

the applicant; and

(c)

any other party to the cross‑appeal.

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Section 34.28 — Notice of cross‑appeal — Federal Court Rules 2011 (Commonwealth) — Barrister AI