Notice of respondent's intention (Form 8)

In appeals to the District Court from other courts and tribunals, such as Magistrates Court civil appeals, the appellant must serve the appeal notice with a copy of Form 8 attached (District Court Rules 2005 r 51(6)). Under rule 53, a respondent who wants to take part files Form 8 within 21 days after being served. If they want to uphold the decision on grounds the primary court did not rely on, vary it, or cross-appeal, they must state the grounds in the form. A respondent who does not file Form 8 in time, or within any extension, is not entitled to take part or be heard and is not a party to the appeal for the purposes of the rules (r 53(6)).

When you need it

• You have been served with a District Court appeal notice (Form 6) or a WCIMA appeal notice (Form 8A) and want to be heard on the appeal.
• You agree with the decision but want to argue it should stand for additional reasons, or want it varied.
• You want to cross-appeal against the decision.
• You do not intend to take part but want to record that you will accept any order other than as to costs (box 3).

1. 1

   Complete the heading

   Enter the appeal number from the appeal notice, the appellant and respondent, and the registry if not Perth (note 1).

2. 2

   Tick one box in the notice

   Box 2 means you will take part: complete one or more of the next rows and your service details. Box 3 means you will not take part and accept any order other than as to costs: ignore the next rows and complete only your service details (notes 2 and 3).

3. 3

   Choose your position on the decision

   Tick that the decision should be upheld on the primary court's grounds, or set out other grounds for upholding it, a variation sought and its grounds, or a cross-appeal and its grounds, in numbered paragraphs (note 4; r 53(3)-(4)).

4. 4

   Give proper cross-appeal grounds

   Cross-appeal grounds must not just say the decision is against the weight of the evidence or wrong in law; give the particulars and specific reasons (r 53(5), applying r 51(3)).

5. 5

   Other orders and time limits

   Set out any other orders sought (note 5 points to the Court's powers in r 57(2), such as a stay). If cross-appealing, state the last date for appealing and whether an extension of time is needed (note 6). Appeals are generally due within 21 days of the decision (r 51A).

6. 6

   Complete your service details and sign

   Give your geographical address, any lawyer's name, a postal address for service (required) and optional email or fax, then sign as respondent or the respondent's legal practitioner.

• File Form 8 within 21 days after you were served with the appeal notice (r 53(2)). Lawyers eLodge through the ECMS; self-represented parties who are not registered users may email districtcourt@justice.wa.gov.au or lodge at the registry (PNC 1.2.1).
• If you use Form 8 to apply for an order in the appeal, you must also file and serve an affidavit explaining why the order is wanted and a document setting out the proposed order, unless the rules or a judge or registrar provide otherwise (r 58A).
• The appellant and each respondent who has filed Form 8 must attend the directions hearing on the date shown in the appeal notice (r 55(1)).

• Do not let the 21 days pass. Without a filed Form 8, you cannot be heard in the appeal unless the Court extends time (r 53(6)).
• Except with leave, a party cannot seek relief or rely on a ground not set out in the notice of appeal or answer (r 56), so include every ground you intend to argue.
• The Court's Word file still cites deleted DCR rule 22C for the geographical address. The current form refers to RSC Order 71A rules 2 and 3A.