Document ID: chunk:federal_register_of_legislation:F2023C00085:reg:119:p14
Version: federal_register_of_legislation:F2023C00085
Segment Type: reg
Provision Reference: reg 119 (pt 14/23)
Character Range: 199000–201622

Australia (Family Law) Rules 2021, as applied by the Federal Circuit and Family Court of Australia (Division 2) (Family Law) Rules 2021.

28.01  Definitions for Part 28
  In this Part:
without notice means without serving or advising another party or other person of an application to be made to the Court.

28.02  Application of Part 28
 (1) This Part applies to an appeal from the Tribunal transferred to the Court from the Federal Court.
 (2) Chapter 1 applies, so far as it is relevant and not inconsistent with this Chapter, to an appeal from the Tribunal.

28.03  Form of application for stay of Tribunal decision
  A person who wants to make an application for an order under section 44A of the AAT Act for an order staying or otherwise affecting the operation or implementation of a Tribunal decision:
 (a) must file an application in a proceeding; and
 (b) may, in an urgent case, make the application without notice.

28.04  Notice of cross‑appeal
 (1) The rules of this Part apply to a cross‑appeal as if it were an appeal.
 (2) A respondent who wants to appeal from a decision, or a part of a decision, from which the applicant has appealed, must file a notice of cross‑appeal, in accordance with the approved form.
Note: The notice of cross‑appeal must be filed within the time mentioned in subsection 44(2A) of the AAT Act.
 (3) The notice of cross‑appeal must state the following:
 (a) the part of the decision the respondent cross‑appeals from or contends should be varied;
 (b) the precise question or questions of law to be raised on the cross‑appeal;
 (c) any findings of fact that the Court is asked to make;
 (d) the relief sought instead of the decision appealed from, or the variation of the decision that is sought;
 (e) briefly, but specifically, the grounds relied on in support of the relief or variation sought.
Note: The Court can only make findings of fact in limited circumstances (see subsection 44(7) of the AAT Act).
 (4) The notice of cross‑appeal must be filed within 21 days after the respondent was served with the notice of appeal.
 (5) The respondent must serve a copy of the notice of cross‑appeal on:
 (a) each other party to the proceeding; and
 (b) the Registrar of the Tribunal.

28.05  Notice of contention
  If a respondent does not want to cross‑appeal from a decision of the Tribunal, but contends that the decision should be affirmed on grounds other than those relied on by the Tribunal, the respondent must, within 21 days after the notice of appeal is served, file a notice of contention, in accordance with the approved form.

28.06  Directions
 (1) At the first court