Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p122
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 122/154)
Character Range: 508017–510553

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) why the notice of cross‑appeal was not filed within time; and
 (b) a draft notice of cross‑appeal that complies with rule 36.21.
Note: An application under this rule will be heard by a single Judge, unless the application is made in a proceeding that has already been assigned to a Full Court and the Full Court considers it appropriate to hear and determine the matter.

36.24  Notice of contention
  If a respondent does not want to cross‑appeal from any part of a judgment, but contends that the judgment should be affirmed on grounds other than those relied on by the court appealed from, the respondent must, within 21 days after the notice of appeal is served, file a notice of contention, in accordance with Form 124.
Rules 36.25 – 36.30 left blank

Division 36.3—Parties to appeals and interveners

36.31  Parties
 (1) Each party to the proceeding in the court appealed from who may be affected by the relief sought in a notice of appeal, or who might be interested in maintaining the judgment under appeal, must be joined as an appellant or respondent to the appeal.
 (2) A person must not be named as an appellant without the person's consent.
 (3) If the relief sought in a cross‑appeal might affect a person not a party to the appeal, the person must be joined as a respondent to the cross‑appeal.
 (4) A person who is not a party to an appeal or a cross‑appeal, but is a person mentioned in subrule (1) or (3), may apply to the Court to be joined as a party.
Note: The Court may order the addition or removal of any person as a party to the appeal.

36.32  Applications to intervene
 (1) A person who was not a party to the proceeding in the court appealed from may apply to the Court for leave to intervene in an appeal.
 (2) The person must satisfy the Court:
 (a) that the intervener's contribution will be useful and different from the contribution of the parties to the appeal; and
 (b) that the intervention would not unreasonably interfere with the ability of the parties to conduct the appeal as they wish; and
 (c) of any other matter that the Court considers relevant.
Note 1: The role of the intervener is solely to assist the Court in resolving the issues raised by the parties.
Note 2: The Court may give leave to the intervener to intervene on conditions, and with