Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p1
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 1/154)
Character Range: 217988–220702

4     Exemplary damages     The claim for exemplary damages

 (3) A notice of cross‑claim need not include a claim for costs.

15.08  Service of notice of cross‑claim on cross‑respondent
 (1) A cross‑claimant must, as soon as reasonably practicable, serve a copy of the notice of cross‑claim on each cross‑respondent who has an address for service.
 (2) If a cross‑respondent has not filed a notice of address for service, the notice of cross‑claim must be served personally.
 (3) Rule 10.25 does not apply to the service of a notice of cross‑claim.
Note: Rule 10.25 provides for filing to have effect as service in certain circumstances.

15.09  Service of pleadings and documents
 (1) If a person has been made a cross‑respondent to the proceeding by the filing of a notice of cross‑claim, the person:
 (a) must file a notice of address for service; and
 (b) may file a notice, in accordance with Form 32, requiring the cross‑claimant to serve all or any of the pleadings or documents filed in the proceeding before the filing of the cross‑claim.
 (2) A cross‑claimant who has been served with a notice under subrule (1) must, within 3 days after service of the notice on the cross‑claimant, serve on the cross‑respondent issuing the notice the pleadings and documents mentioned in the notice.

15.10  Conduct of proceeding after cross‑claim is filed
 (1) To the extent practicable and not inconsistent with this Part:
 (a) the parties must conduct a cross‑claim in the same way as the principal proceeding; and
 (b) these Rules apply to the cross‑claim in the same way as they apply to the principal proceeding; and
 (c) the trial or a hearing, or any other step, in relation to the cross‑claim is to be carried out at the same time as the trial or hearing, or any other step, in relation to the originating application.
 (2) For the purpose of giving effect to this rule:
 (a) a cross‑claimant is to be treated as an applicant; and
 (b) a cross‑respondent is to be treated as a respondent.

15.11  Separate proceeding in relation to cross‑claim
  A cross‑claim may proceed even if:
 (a) an order has been made and entered in the principal proceeding or any other cross‑claim in the proceeding; or
 (b) the principal proceeding or any other cross‑claim has been stayed, dismissed or discontinued.

15.12  Cross‑claim for contribution or indemnity
  If a cross‑claimant makes a cross‑claim for contribution or indemnity against another party or person and an order for contribution is made, the order must not be enforced until any order for the applicant against that cross‑claimant has been satisfied.

15.13  Hearings in relation to cross‑claims
  A party to a cross‑claim may apply to the Court for an order: