Document ID: chunk:federal_register_of_legislation:F2024C00057:front:0:p47
Version: federal_register_of_legislation:F2024C00057
Segment Type: other
Provision Reference: 
Character Range: 110333–112891

party or made a party in substitution for the original party and that the appeal be carried on as so constituted.
42.07.2  The person on whose application an order is made under rule 42.07.1 shall serve the order on every party to the appeal and on any person who ceases to be a party or becomes a party under the order.
42.07.3  Where a person is added as a respondent by an order made under rule 42.07.1 the notice of appeal shall be served on that person in accordance with rule 42.05.
42.07.4  Where, after an appeal is commenced, a party becomes a person under a disability, the Court or a Justice may appoint a person to be litigation guardian for the person under a disability and make such other order, whether of a kind referred to in rule 21.08 or otherwise, as may be necessary or appropriate.

42.08  Cross‑appeal
42.08.1  A respondent who wishes to appeal from a part of the judgment below, or who seeks a variation of part of that judgment may, within 7 days after service upon that respondent of the notice of appeal, file a notice of cross‑appeal.
42.08.2  A notice of cross‑appeal shall:
 (a) be in Form 26;
 (b) state what part of the judgment below the respondent cross‑appeals from, or contends should be varied;
 (c) briefly, but specifically, set out the grounds relied upon in support of the cross‑appeal; and
 (d) specify the relief which the respondent seeks in place of the order of the court below or the variation of that order which the respondent seeks.
42.08.3  Rules 42.14 and 42.15 apply with the necessary adaptation to a cross‑appeal.
42.08.4  A cross‑appellant will be entitled to proceed with the cross‑appeal only if special leave, which may be sought when the appeal is called on for hearing, is granted.
42.08.5  Where a respondent does not seek a discharge or variation of a part of the judgment actually pronounced or made, but contends that the judgment ought to be upheld on the ground that the court below has erroneously decided, or has failed to decide, some matter of fact or law, it is not necessary to give a notice of cross‑appeal, but that respondent shall file and serve, within the time limited by rule 42.08.1, a notice of that contention in Form 27.

42.08A  Application for leave to intervene or to be heard as amicus curiae
  An application for leave to intervene or to be heard as amicus curiae must be made by filing and serving written submissions in accordance with rule 44.04.

42.09  Stay of proceedings
  Unless the Court or a Justice otherwise orders, an appeal shall not operate as a stay of