Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p43
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 43/43)
Character Range: 215958–217832

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 the proceeding; and
 (ii) why the notice of cross‑claim was not filed in accordance with rule 15.04; and
 (b) a draft notice of cross‑claim that complies with rule 15.02.

15.06  Cross–claim to be accompanied by statement of cross‑claim or affidavit
 (1) A notice of cross‑claim must be accompanied by:
 (a) if the originating application was accompanied by a statement of claim or an alternative accompanying document referred to in rule 8.05—a statement of cross‑claim; or
 (b) if the originating application was accompanied by an affidavit—an affidavit; or
 (c) if an order has been made in the principal proceeding that the principal proceeding continue on pleadings—a statement of cross‑claim.
Note 1: In some cases in Chapter 3, the rules prescribe the documents that must accompany an originating application.
Note 2: A cross‑claimant's statement of cross‑claim must comply with rule 16.02.
 (2) An affidavit mentioned in paragraph (1)(b) must state the material facts on which the cross‑claimant relies that are necessary to give the cross‑respondent fair notice of the case to be made against the cross‑respondent at trial.
Note: Division 16.1 provides for the content of a statement of claim.

15.07  Cross–claim to state relief claimed
 (1) A notice of cross‑claim must state:
 (a) the relief claimed; and
 (b) if the relief is claimed under a provision of an Act—the Act and the provision under which the relief is claimed.
 (2) A notice of cross‑claim claiming relief of the kind mentioned in column 2 of following table must state the details mentioned in column 3 of the table.

Item  Relief sought         Details