Document ID: chunk:federal_register_of_legislation:C2005C00021:clause:3_40rf
Version: federal_register_of_legislation:C2005C00021
Segment Type: clause
Provision Reference: sch 3 cl 40RF
Character Range: 87261–89342

40RF  Appeals

 (1) An appeal lies to the Federal Court against a decision of the Registrar of Trade Marks, made under:
 (a) subsection 40RC(2) (a decision that a ground of objection is or is not made out); and
 (b) subsection 40RC(3) (a recommendation that a proposed GI be determined or a refusal to make such a recommendation); and
 (c) section 40RE (a decision that a ground of objection no longer exists or a refusal to make such a decision).

 (2) The jurisdiction of the Federal Court to hear and determine appeals against decisions of the Registrar of Trade Marks under this Act is exclusive of the jurisdiction of any other court except the jurisdiction of the High Court under section 75 of the Constitution.

 (3) On hearing an appeal against a decision of the Registrar of Trade Marks under this Act, the Federal Court may do any one or more of the following:
 (a) admit further evidence orally, or on affidavit or otherwise;
 (b) permit the examination and cross‑examination of witnesses, including witnesses who gave evidence before the Registrar of Trade Marks;
 (c) order an issue of fact to be tried as it directs;
 (d) affirm, reverse or vary the Registrar of Trade Marks's decision;
 (e) give any judgment, or make any order, that, in all the circumstances, it thinks fit;
 (f) order a party to pay costs to another party.

 (4) The Registrar of Trade Marks may appear and be heard at the hearing of an appeal to the Federal Court against a decision of the Registrar of Trade Marks.

 (5) Except with the leave of the Federal Court, an appeal does not lie to the Full Court of the Federal Court against a decision of a single judge of the Federal Court in the exercise of its jurisdiction to hear and determine appeals from decisions of the Registrar of Trade Marks.

 (6) The regulations may make provision about the practice and procedure of the Federal Court in a proceeding under this section, including provision:
 (a) prescribing the time for starting the action or proceeding or for doing any other act or thing; or
 (b) for an extension of that time.