Notice requiring service of pleadings and documents (Rule 15.09(1)(b)) (Form 32)

A person brought into a Federal Court proceeding by a cross-claim often has not seen anything that was filed before they were joined. Rule 15.09 of the Federal Court Rules 2011 deals with this. A new cross-respondent must file a notice of address for service (r 15.09(1)(a)) and may file a notice in accordance with Form 32 requiring the cross-claimant to serve all or any of the pleadings or documents filed in the proceeding before the cross-claim was filed (r 15.09(1)(b)). The cross-claimant must then serve those pleadings and documents within 3 days after being served with the notice (r 15.09(2)).

When you need it

• You have been served with a notice of cross-claim and need the earlier pleadings, affidavits or other documents to understand the case against you.
• You want everything filed before the cross-claim, or only particular documents such as the statement of claim and defence.
• You are the cross-respondent or the cross-respondent's lawyer. The notice is directed to the cross-claimant.

1. 1

   Copy the heading, including the cross-claim

   Use the file number, District Registry, Division and the names of the applicant, respondent, cross-claimant and cross-respondent as they appear on the notice of cross-claim.

2. 2

   Name the cross-respondent

   Insert the name of the cross-respondent on whom the documents are to be served.

3. 3

   Choose all or some documents

   Keep "all pleadings and documents" or, if you only need some, delete it and list the particular pleadings and documents. Describe each one clearly (title, party and date) so there is no argument about what must be served.

4. 4

   Date and sign

   Sign as the cross-respondent or the cross-respondent's lawyer, delete the options that do not apply, and complete the details at the foot of the front page (r 2.16).

• File it in the existing proceeding, usually through eLodgment using the file number. Rule 2.21 also allows lodging at a Registry, by post or by fax.
• Serve it on the cross-claimant. Under the Rules "file" means file and serve (Dictionary).
• The cross-claimant has 3 days after service of the notice to serve the requested pleadings and documents (r 15.09(2)).
• File your notice of address for service as well; rule 15.09(1)(a) requires it.

• Ask for what you actually need. A list of specific documents avoids a large, unfocused bundle.
• Diary the 3-day period from the date you serve the notice, and follow up promptly if nothing arrives.