When is the deadline for notice of cross-claim?
The catalogue records a 28 days period from Service of the statement of claim, where the proceeding is on pleadings and the defence is filed at the default r 16.32 time; otherwise the Court-ordered date for the respondent's affidavit in reply. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 28 days
- Trigger
- Service of the statement of claim, where the proceeding is on pleadings and the defence is filed at the default r 16.32 time; otherwise the Court-ordered date for the respondent's affidavit in reply
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
This route remains in preparation until a pinpoint official source is recorded.
- A respondent who has not complied with r 15.04 must apply for leave to file under r 15.05, supported by an affidavit explaining why the notice was not filed in accordance with r 15.04 and a draft notice of cross-claim.
- Failure to file at the same time as the defence does not bar the cross-claim but converts it into a leave application under r 15.05. Corrected on verification: the researched entry gave the trigger as 'Filing of the respondent's defence or affidavit in reply' while encoding a 28-day period that in fact runs from service of the statement of claim under r 16.32. Computing 28 days from the filing of the defence would have doubled the period. The trigger has been restated to match the encoded period and the dependency on r 16.32 made explicit.