Notice of contention (Parts 49 or 50) (Form 83)

A respondent who is happy with the result below, but wants to argue it should be affirmed on grounds other than those relied on below, does not need to cross-appeal. Instead they file a notice of contention stating briefly but specifically the grounds relied on. In a Part 50 appeal the notice must be filed and served within 14 days after service of the summons commencing the appeal, or further time allowed (UCPR r 50.11). In an appeal under Part 49 Division 3 from a decision of an associate Judge of the Supreme Court, it must be filed and served on each other party within 28 days after service of the notice of motion instituting the appeal (r 49.13). Form 83 (version 2) is the approved notice for both.

When you need it

• You are the defendant (respondent) in a Part 50 appeal and want to support the decision below on additional or different grounds.
• You are responding to an appeal from an associate Judge of the Supreme Court and want to contend the decision should be affirmed on other grounds.
• If you want any part of the decision discharged or varied, you need a cross-appeal (cross-summons under r 50.10), not a notice of contention.

1. 1

   Court details and title

   Enter the appeal court details and the parties to the appeal.

2. 2

   Proceedings in the court below

   Give the title below, court below, case number below, hearing dates, material date (the date the decision was given) and the judicial officer's name and designation.

3. 3

   Filing details

   Name the party filing, and what the notice relates to, for example the whole decision below or the decision on a cross-claim or on quantum.

4. 4

   Details of contention

   Choose "associate Judge" or "court below". The printed text says the party contends the decision should be affirmed on other grounds but does not seek its discharge or variation.

5. 5

   Grounds and signature

   List each ground in a numbered paragraph, briefly but specifically. Signed by the legal representative or the party, with capacity and date.

• Part 50 appeals: file and serve within 14 days after service of the summons commencing the appeal on you, or within further time allowed by the appeal court (r 50.11(3)).
• Part 49 appeals from an associate Judge: file and serve on each other party within 28 days after service of the notice of motion instituting the appeal (r 49.13).
• File in the registry of the appeal court. A filing fee may apply; check the current fee schedule.

• Rule 50.11 does not apply to proceedings in the Supreme Court Commercial List (r 50.11(4)); check any directions made there.
• Appeals to the Court of Appeal are outside Part 50 (r 50.1) and have their own procedure.
• Grounds should be specific enough for the appellant to know the case it has to meet.