Document ID: chunk:federal_register_of_legislation:F2023C00085:reg:119:p7
Version: federal_register_of_legislation:F2023C00085
Segment Type: reg
Provision Reference: reg 119 (pt 7/23)
Character Range: 182421–185128

the arbitrator.
 (3) The parties may ask the Court to make orders by consent setting out:
 (a) the way in which the arbitration is to be conducted; and
 (b) the time by which the arbitration is to be completed; and
 (c) the way in which the arbitrator and the expenses of the arbitration are to be paid.
 (4) The parties may ask the Court to indicate to the arbitrator the way in which the arbitrator's report on the proceeding or any matter arising out of the proceeding is to be reported to the Court.

Part 24—Cross‑claims

24.01  Cross‑claim against applicant
  In a proceeding, a respondent may make a cross‑claim against an applicant instead of bringing a separate proceeding.

24.02  Cross‑claim after application
  A cross‑claim may be made in relation to a matter arising after the start of the proceeding.

24.03  Cross‑claim against additional party
 (1) A respondent may make a cross‑claim against a person other than the applicant (whether or not already a party to the proceeding) if:
 (a) the applicant is also made a party to the cross‑claim; and
 (b) either:
 (i) the respondent alleges that the other person is liable with the applicant for the subject matter of the cross‑claim; or
 (ii) the respondent claims against the other person relief relating to or connected with the subject matter of the original proceeding.
 (2) If a respondent makes a cross‑claim against a person who is not a party to the original proceeding, the respondent must serve the response and cross‑claim and the applicant's application on the person.
 (3) A person who is not a party to the original proceeding and is included as a respondent to a cross‑claim becomes a party to the proceeding on being served with the response and cross‑claim.
 (4) If a respondent makes a cross‑claim against a person who is not a party to the original proceeding, these Rules apply as if:
 (a) the cross‑claim were an application; and
 (b) the party making the cross‑claim were an applicant; and
 (c) the party against whom the cross‑claim is made were a respondent.

24.04  Cross‑claim to be included in response
  A cross‑claim must be included in the respondent's response.

24.05  Response to cross‑claim
 (1) A cross‑respondent may file a response to the cross‑claim in accordance with the approved form.
 (2) A response must be filed and served within 14 days of service of the cross‑claim to which it relates.

24.06  Conduct of cross‑claim
 (1) These Rules apply (with necessary changes) to a cross‑claim as if:
 (a) the applicant on the cross‑claim were the applicant in an original application; and
 (b) the respondent to the cross‑claim were the respondent to an original application.
 (2) However, if a respondent