Cross-summons (Form 10)

A cross-claim in proceedings commenced by summons is made by cross-summons; in statement of claim proceedings it is made by statement of cross-claim instead (UCPR r 9.1(2)). Form 10 (version 6) is the approved cross-summons. In summons proceedings it must be made before the return day of the summons or within any further time the court allows (r 9.1(1)(b)). Each cross-claim is numbered in the order filed ("first cross-claim" and so on), and the number forms part of the document's identification (r 9.1(4) and (5)). The rules for summonses apply to a cross-summons in the same way (r 9.1(3)), and the cross-claim proceeds together with the main proceedings unless the court orders otherwise (r 9.9).

When you need it

• You are a defendant (or other party) in proceedings started by summons and want relief against the plaintiff, a co-defendant or a person not yet a party.
• You seek contribution or indemnity from another person in respect of the claim against you.
• If the main proceedings were started by statement of claim, use a statement of cross-claim (Form 9) instead.

1. 1

   Heading and number

   Insert the cross-claim number in the heading ("[FIRST] CROSS-CLAIM") and copy the court details and title of the main proceedings.

2. 2

   Title of this cross-claim

   Name the cross-claimants and cross-defendants. Where there are more than two on either side, put the number here and list everyone in the Party Details section at the back.

3. 3

   Filing and hearing details

   State who files it and what it relates to. Under hearing details insert the next appropriate listing date, usually the listing date for the summons in the main claim.

4. 4

   Relief claimed

   Set out in numbered paragraphs the orders sought against each cross-defendant.

5. 5

   Signature and certificate

   A legal representative chooses one of the two statements about the certificate under Schedule 2 clause 4 of the Legal Profession Uniform Law Application Act 2014 (needed where damages are claimed) and confirms the client was told court fees, including a hearing allocation fee, may be payable. A self-represented party signs the separate acknowledgment.

6. 6

   Party details

   Complete the list of parties if there are more than two cross-claimants or cross-defendants, and give the name and address of each cross-defendant who is a new party.

• File in the registry of the court hearing the main proceedings, online through the NSW Online Registry where available or at the registry.
• A list of parties (or amended list) must be filed with the cross-summons where there are more than 2 cross-claimants or cross-defendants, or a cross-defendant who is not already a party (r 4.2A(2)).
• Service on a cross-defendant who is an active party need not be personal, but service by filing under r 10.16 does not apply (r 9.6). A new party must be served as for originating process, together with the originating process and the other documents listed in r 9.7(2).
• A filing fee applies. Check the current fee schedule of the relevant court.

• Do not leave it until the hearing: the cross-summons is due before the return day unless the court gives more time (r 9.1(1)(b)).
• Read r 9.7 before serving a new party: you must serve the originating process and relevant pleadings, motions and affidavits along with the cross-summons.
• A new cross-defendant must file an appearance before appearing in court, as the notice on the form explains.