Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p42
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 42/43)
Character Range: 213387–216202

in the Dictionary.
Note 2: This rule is in addition to the Court's power to punish a person for contempt.

14.27  Death of receiver
 (1) If a receiver dies, a party or an interested person affected by the receiver's death may apply to the Court for an order for:
 (a) the filing and examination of accounts prepared by the deceased receiver's representative; or
 (b) the payment into Court of any amount shown to be due from the receiver; or
 (c) the delivery of any property that is subject to the receivership.
 (2) The application must be served on the deceased receiver's representative personally.
Note: See Part 10 for rules for service.

Part 15—Cross‑claims and third party claims

Division 15.1—Making cross‑claim

15.01  Cross–claim by respondent
  A respondent may make a cross‑claim in a proceeding:
 (a) against an applicant—for any relief to which the respondent would be entitled against the applicant in a separate proceeding; or
 (b) against any other respondent or person—for any relief, including for contribution or indemnity, that is related to the subject of the proceeding.
Note: Cross‑claim, cross‑claimant and cross‑respondent are defined in the Dictionary.

15.02  Starting cross‑claim
 (1) A respondent who wants to start a cross‑claim against any party or person must file a notice of cross‑claim, in accordance with Form 31.
 (2) A notice of cross‑claim must include the following:
 (a) the cross‑claimant's name and address;
 (b) the cross‑claimant's address for service that is the same as in the principal proceeding;
 (c) if a cross‑claimant sues in a representative capacity—a statement of that fact.
Note 1: Principal proceeding is defined in the Dictionary.
Note 2: A respondent who starts a cross‑claim is the cross‑claimant. The party or person against whom the cross‑claim is brought is the cross‑respondent.
Note 3: A Registrar will fix a return date and place for hearing and endorse those details on the notice of cross‑claim.

15.03  Title of cross‑claim and subsequent documents
  All documents filed in a cross‑claim must have the same title as the notice of cross‑claim that started the cross‑claim.

15.04  Time for bringing cross‑claim
  A notice of cross‑claim must be filed at the same time as the filing of:
 (a) the respondent's defence; or
 (b) the respondent's affidavit in reply to the applicant's affidavit in the principal proceeding.

15.05  Application for extension of time to file cross‑claim
 (1) A respondent who wants to file a notice of cross‑claim, but has not complied with rule 15.04, must apply to the Court for leave to file a notice of cross‑claim.
 (2) An application under subrule (1) must be accompanied by:
 (a) an affidavit stating:
 (i) briefly but specifically, the nature of the cross‑claim and its relationship to the subject matter of