3. Amendment to notice of intention to oppose or statement of grounds and particulars

Date Published

A notice of intention to oppose or a statement of grounds and particulars may be amended under the relevant provisions of regulations 9.13, 9.14, 17A.48N, 17A.48P.

3.1 Amendment to notice of intention to oppose

A notice of intention to oppose may be amended to correct a clerical error or obvious mistake, or to record the name of another person, if the opposition is to proceed under the name of that other person, in terms of section 96 of the Act. The amendment may be granted by the Registrar ‘on terms that the Registrar considers appropriate’ (regs 9.13(3), 17A.48N(3)). If the Registrar grants the request, a copy of the amended notice must be given to the applicant.

Regulations 9.4 and 17A.48B do not apply to the amendment provision. Therefore the Registrar is not obliged to give the applicant the opportunity to comment before granting the amendment request.

However, if the Registrar believes that the amendment request should not be granted, the opponent will be given a ‘reasonable opportunity to be heard’ on the matter, under the provisions of section 203, before the decision is made.


3.2 Amendment to statement of grounds and particulars

Under reg 9.14 and 17A.48P a statement of grounds and particulars may be amended to:

a. correct an error or omission; or

b. amend or add facts or circumstances that form the basis for the opposition

An amendment to a statement of grounds and particulars may be made ‘on terms that the Registrar considers appropriate’.

Regulations 9.4 and 17A.48B apply to the amendment provision. Therefore, the Registrar will give the applicant an opportunity to comment before granting the request and the opponent will be given an opportunity to comment (or request to be heard) if the Registrar intends to refuse the request.