Document ID: chunk:federal_register_of_legislation:F2024C00893:front:0:p32
Version: federal_register_of_legislation:F2024C00893
Segment Type: other
Provision Reference: 
Character Range: 80921–83610

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 Registrar notifies the applicant that no evidence in support was filed.

Evidence in reply
 (6) If the applicant files evidence in answer under subregulation (4) or (5), the opponent must file any evidence in reply to the evidence in answer within 2 months from the day the Registrar:
 (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.

5.15  Extension of time for filing
 (1) A party may request the Registrar to extend a period for filing evidence mentioned in regulation 5.14.
 (2) The Registrar may extend the period only if the Registrar is satisfied that:
 (a) the party:
 (i) has made all reasonable efforts to comply with all relevant filing requirements of this Part; and
 (ii) despite acting promptly and diligently at all times to ensure the filing of the evidence within the period, is unable to do so; or
 (b) there are exceptional circumstances that justify the extension.
 (3) The Registrar:
 (a) must decide the length of the extended period having regard to what is reasonable in the circumstances; and
 (b) may do so on terms that the Registrar considers appropriate.
 (4) 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 Part;
 (b) an error or omission by the Registrar or an employee that prevents a party from complying with a filing requirement under this Part;
 (c) an order of a court or a direction by the Registrar that the opposition be stayed.

Division 3—Cooling‑off period for opposition

5.16  Registrar may allow cooling‑off period
 (1) This regulation applies to an opposition if:
 (a) the notice of opposition has been filed; and
 (b) the Registrar has not made a decision on the opposition under subsection 55(1) of the Act; and
 (c) the opposition has not been dismissed under section 222 of the Act or regulation 5.8.
 (2) If the Registrar is satisfied that the parties agree to a cooling‑off period, the Registrar must allow a cooling‑off period of 6 months.
 (3) The Registrar must extend the cooling‑off period for 6 months if, before the end of the period, the Registrar is satisfied that the parties agree to the extension.
 (4) The Registrar must not:
 (a) further extend the cooling‑off period; or
 (b) allow more than