Notice of cross-claim (Rule 15.02(1)) (Form 31)

Part 15 of the Federal Court Rules 2011 lets a respondent make a cross-claim against an applicant for any relief it could get in a separate proceeding, or against another respondent or a new person for relief related to the subject of the proceeding, including contribution or indemnity (r 15.01). A cross-claim is started by filing a notice of cross-claim in accordance with Form 31 (r 15.02(1)), which must give the cross-claimant's name and address, the same address for service as in the principal proceeding, and any representative capacity (r 15.02(2)). It must state the relief claimed and the Act and provision relied on (r 15.07), and be accompanied by a statement of cross-claim or an affidavit, matching the way the principal proceeding is being run (r 15.06).

When you need it

• You are a respondent and have your own claim against the applicant, for example a counterclaim for money owed.
• You want contribution or indemnity from another respondent or from a third party not yet in the proceeding.
• You are filing your defence or responding affidavit now. Later, you need leave (r 15.05).

1. 1

   Heading

   Copy the principal proceeding's title, then add the cross-claimants and cross-respondents. Use the schedule to list every cross-claim in the proceeding, numbered in the order filed. All later documents in the cross-claim use this title (r 15.03).

2. 2

   Registry section and new parties

   Leave the hearing details for the Registry; a Registrar fixes a return date (note 3 to r 15.02). If a cross-respondent is a new party, keep the further notice telling them they can ask for earlier documents using Form 32; otherwise delete it.

3. 3

   Details of cross-claim

   In numbered paragraphs, state all final relief claimed and the Act and provision for any statutory relief. Give the order sought for any injunction, declaration or interlocutory relief, and details of any exemplary damages claim (r 15.07).

4. 4

   Representative action

   If you sue in a representative capacity, say so and give details; otherwise delete the section.

5. 5

   Address and service

   Use the same address for service as in the principal proceeding (r 15.02(2)(b)), give your residential or business address, choose the service option, then date and sign.

• File at the same time as your defence, or your affidavit in reply to the applicant's affidavit (r 15.04). A filing fee applies - check the current fee schedule.
• Serve a copy as soon as reasonably practicable on each cross-respondent who has an address for service (r 15.08(1)). A cross-respondent without an address for service must be served personally (r 15.08(2)).
• A new cross-respondent must file a notice of address for service and may require the cross-claimant to serve earlier documents (Form 32); those must be served within 3 days (r 15.09).

• Late cross-claims need leave, supported by an affidavit explaining the claim and the delay and a draft notice (r 15.05).
• The cross-claim runs alongside the main case and is usually heard with it (r 15.10), but it can continue even if the main proceeding ends (r 15.11).
• You do not need to include a claim for costs (r 15.07(3)).