Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p121
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 121/154)
Character Range: 505626–508261

(b) giving leave to amend the grounds of appeal;
 (c) joining or removing of a party to the appeal;
 (d) security for costs;
 (e) giving summary judgment;
 (f) making an interlocutory order pending, or after, the determination of an appeal to the Court;
 (g) making an order by consent disposing of an appeal including an order for costs;
 (h) dismissing an appeal for want of prosecution;
 (i) vacating a hearing date;
 (j) making an order that an appeal to the Court be dismissed for:
 (i) failure to comply with a direction of the Court; or
 (ii) failure of the appellant to attend a hearing relating to the appeal;
 (k) the conduct of the appeal including:
 (i) contents of the appeal book; and
 (ii) the use of written submissions; and
 (iii) limiting the time for oral argument;
 (l) the conduct of the appeal without an oral hearing subject to the condition that the parties be entitled to present written submissions;
 (m) the staying of an order of the Full Court.
Note: This subrule sets out the powers mentioned in section 25 of the Act.
Rules 36.12 – 36.20 left blank

Division 36.2—Cross–appeals and notices of contention

36.21  Cross‑appeal
 (1) A respondent who wants to appeal from part of a judgment or an order must file a notice of cross‑appeal, in accordance with Form 123.
 (2) The notice of cross‑appeal must state:
 (a) the part of the judgment, or the order, to which the cross‑appeal relates; and
 (b) briefly but specifically, the grounds relied on in support of the cross‑appeal; and
 (c) the judgment or orders the respondent wants instead of that appealed from.
Note 1: For the parties who must be joined to the cross‑appeal, see rule 36.31(3).
Note 2: A lawyer may file a notice of cross‑appeal starting migration litigation only if the notice includes or is accompanied by a certificate under section 486I of the Migration Act 1958, signed by the lawyer.
Note 3: For migration litigation, lawyer has the meaning given by section 5 of the Migration Act 1958.

36.22  Time to file notice of cross‑appeal
  A respondent who wants to file a cross‑appeal must file a notice of cross‑appeal within 21 days after being served with a notice of appeal.

36.23  Extension of time to file notice of cross‑appeal
 (1) A respondent who wants to apply for an extension of time within which to file a notice of cross‑appeal must file an application, in accordance with Form 67.
 (2) The application may be made during or after the period mentioned in rule 36.22.
 (3) The application must be accompanied by:
 (a) an affidavit stating:
 (i) briefly but specifically, the facts on which the application relies; and
 (ii)