Uniform Civil Procedure Rules 2005
Current version for 9 April 2020 to date (accessed 6 August 2020 at 05:37)
Part 51 Division 5 Subdivision 6
Subdivision 6 Notices of contention and objections to competency
51.40   Notices of contention
(cf SCR Part 51, rule 21)
(1)  A respondent who wishes to contend that the decision below should be affirmed on grounds other than those relied on by the court below, but does not seek a discharge or variation of any part of the orders of the court below—
(a)  need not file a notice of cross-appeal, and
(b)  must, within 28 days after service on the respondent of the notice of appeal, file and serve on each interested party notice of that contention stating briefly, but specifically, the grounds relied on.
(2)  A respondent who files a notice of contention in proceedings is taken to have entered an appearance in the proceedings.
51.41   Objections to competency of appeal
(cf SCR Part 51, rule 25)
(1)  A respondent who objects to the competency of an appeal must, by notice of motion filed and served on all other parties to the appeal within 28 days after service on the respondent of the notice of appeal, apply to the Court for an order dismissing the appeal as incompetent.
(2)  If the respondent fails to comply with subrule (1) and the appeal is nevertheless dismissed as incompetent—
(a)  the respondent is not entitled to costs of the appeal unless the Court otherwise orders, and
(b)  the Court may order the respondent to pay the appellant any costs of the appeal proving useless or unnecessary.