District Court Rules 2005

On being served with an appeal notice or an appeal notice (WCIMA appeal), a respondent may file a Form 8 (Notice of respondent’s intention).

If the respondent files a Form 8, it must be filed within 21 days after the date on which the respondent is served with the appeal notice or an appeal notice (WCIMA appeal).

If a respondent intends to seek to uphold the appealable decision on grounds other than those relied on by the primary court that made it, or to vary the decision, or to cross‑appeal, the respondent must include in the Form 8 the grounds for doing so.

The Notice of respondent’s intention must —

if the respondent seeks to uphold the appealable decision on grounds other than those relied on by the primary court that made it, state the grounds for doing so;

if the respondent seeks to vary the appealable decision, state the grounds for doing so;

if the respondent is cross‑appealing —

set out the particulars of the appealable decision or that part of it to which the cross‑appeal relates; and

state the grounds of the cross‑appeal.

Rule 51(3) applies to the grounds of a cross‑appeal as it does to the grounds of an appeal.

If a respondent does not file a Form 8 within the 21 days or any extension of that period ordered by the Court, the respondent is not entitled to take part or be heard in the appeal and is not a party to the appeal for the purposes of these rules.