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s 36.21

Cross‑appeal

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Chapter 4Appellate jurisdiction
Part 36Appeals
Division 36.2Cross–appeals and notices of contention

36.21 Cross‑appeal

(1)

A respondent who wants to appeal from part of a judgment or an order must file a notice of cross‑appeal, in accordance with Form 123.

(2)

The notice of cross‑appeal must state:

(a)

the part of the judgment, or the order, to which the cross‑appeal relates; and

(b)

briefly but specifically, the grounds relied on in support of the cross‑appeal; and

(c)

the judgment or orders the respondent wants instead of that appealed from.

Note 1:

For the parties who must be joined to the cross‑appeal, see rule 36.31(3).

Note 2:

A lawyer may file a notice of cross‑appeal starting migration litigation only if the notice includes or is accompanied by a certificate under section 486I of the Migration Act 1958, signed by the lawyer.

Note 3:

For migration litigation, lawyer has the meaning given by section 5 of the Migration Act 1958.

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