Document ID: chunk:federal_register_of_legislation:F2024C00893:front:0:p79
Version: federal_register_of_legislation:F2024C00893
Segment Type: other
Provision Reference: 
Character Range: 197335–199992

person, other than an error or omission by the person, the person's agent, the Registrar or an employee.

17A.34HB  Extension of time for filing—grant
 (1) The Registrar may grant an application under subregulation 17A.34HA(1) for an extension of time only if the Registrar is satisfied that the grounds set out in the application justify the extension.
 (2) However, if the application is made after the period mentioned in subregulation 17A.34H(1) has ended, the Registrar must not grant the extension unless the Registrar is satisfied that there is sufficient reason for the delay in making the application.
 (3) The Registrar must decide the length of the extended period having regard to what is reasonable in the circumstances.

17A.34J  Filing of evidence
 (1) The Registrar must notify the parties that:
 (a) all the evidence for an evidentiary period mentioned in this regulation has been filed; or
 (b) no evidence was filed for the period.
 (2) The Registrar must give a copy of any evidence filed by a party under this regulation to the other party:
 (a) before the end of the relevant evidentiary period, if the Registrar considers it appropriate to do so; or
 (b) after the evidentiary period ends.

Evidence in support
 (3) An opponent must file any evidence in support of the opposition within 3 months from the day the opponent is given a copy of the notice of intention to defend.

Evidence in answer
 (4) If the opponent files evidence in support of the opposition, the IRDA holder must file any evidence in answer to the evidence in support within 3 months from the day the Registrar:
 (a) gives the IRDA holder:
 (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 IRDA holder that all the evidence in support has been filed.
 (5) If the opponent does not file any evidence in support of the opposition, the IRDA holder must file any evidence in answer to the statement of grounds and particulars within 3 months from the day the Registrar notifies the IRDA holder that no evidence in support was filed.

Evidence in reply
 (6) If the IRDA holder 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 IRDA holder 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.

17A.34K  Extension of time for filing