Cross-appeal
82.08 Cross-appeal
(1) A respondent who wishes to appeal from the decision being appealed from must file a notice of cross‑appeal.
(2) A notice of cross-appeal must be filed and served within 14 days after the day the notice of appeal is served on the respondent.
(3) A notice of cross-appeal must be served on:
(a) the other parties to the appeal; and
(b) any other person known by the cross-appellant to be directly affected by the relief sought by the cross-appellant.
(4) The notice of cross-appeal must include the following information:
(a) a statement whether the cross-appeal is from the whole or part only of the decision and, if
part only, a description of what part;
(b) for a cross-appeal in a criminal appeal:
(i) if the cross-appeal is by a person found guilty – a statement whether the cross-appeal is against a finding of guilt or a special finding referred to in section 410(a) of the Criminal Code; or
(ii) if the cross-appeal is by a Crown Law Officer under section 414(1) of the Criminal Code –
a description of what part of the sentence, determination, declaration or order is the subject of the cross-appeal;
(c) the grounds of the cross-appeal;
(d) the judgment, relief or decision sought by the cross-appellant.
(5) The rules applicable to a notice of appeal apply to a notice of cross‑appeal, with the necessary changes.
Note for rule 82.08
The necessary respondents to a cross-appeal are identified in rule 82.26(1). The Court may join other persons as respondents under rule 82.26(2) and (3).
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.