Document ID: chunk:federal_register_of_legislation:F2024C00944:front:0:p52
Version: federal_register_of_legislation:F2024C00944
Segment Type: other
Provision Reference: 
Character Range: 133634–136406

(ii) no evidence was filed.

5.8  Evidentiary periods

Evidence in support
 (1) An opponent in a substantive opposition must file any evidence in support of the opposition:
 (a) for a section 101M opposition—at the same time as the documents mentioned in subregulation 5.6(1); or
 (b) for any other substantive opposition—within 3 months from the day the opponent files the statement of grounds and particulars under regulation 5.5.

Evidence in answer
 (2) If the opponent files evidence in support of the opposition, the applicant must file any evidence in answer to the evidence in support within 3 months from the day the Commissioner:
 (a) gives the applicant:
 (i) all the evidence in support; or
 (ii) if the opponent files the evidence in support in instalments—the final instalment of the evidence in support; and
 (b) notifies the applicant that all the evidence in support has been filed.
 (3) If the opponent does not file any evidence in support of the opposition, the applicant must file any evidence in answer to the statement of grounds and particulars within 3 months from the day the Commissioner notifies the applicant that no evidence in support was filed.

Evidence in reply
 (4) If the applicant files evidence in answer under subregulation (2) or (3), the opponent must file any evidence in reply to the evidence in answer within 2 months from the day the Commissioner:
 (a) gives the opponent:
 (i) all the evidence in answer; or
 (ii) if the applicant files the evidence in answer in instalments—the final instalment of the evidence in answer; and
 (b) notifies the opponent that all the evidence in answer has been filed.

5.9  Extension of time for filing evidence
 (1) The Commissioner may extend an evidentiary period mentioned in regulation 5.8:
 (a) if requested in writing by a party; or
 (b) on the Commissioner's own initiative.
 (2) The Commissioner may extend the period only if the Commissioner is satisfied that:
 (a) the party who intended to file evidence in the period:
 (i) has made all reasonable efforts to comply with all relevant filing requirements under this Chapter; and
 (ii) despite acting promptly and diligently at all times to ensure the appropriate evidence is filed within the period, is unable to do so; or
 (b) there are exceptional circumstances that warrant the extension.
 (3) The Commissioner must determine the length of the extended period having regard to what is reasonable in the circumstances.
 (4) The Commissioner must notify the parties of the extension as soon as practicable.
 (5) In this regulation:
exceptional circumstances includes the following:
 (a) a circumstance beyond the control of a party that prevents the party from complying with a filing requirement under this Chapter;
 (b) an error