28.2. Hearings: Filing evidence

Figure 1 shows how evidence is presented.

Time frames for evidence

The time frames for presentation of evidence are entirely at the discretion of the Registrar (reg 11.24(2)). But in general parties are given 1 to 3 months for any particular round of evidence.​ When there is more than one party in the dispute, there are usually 3 rounds of evidence, but often only two are needed. ​​​​​​

A customer can apply for an extension of time for any deadline set by the Registrar. See Extensions of time for information on applications for extensions of time.

Registrar’s determination

After the evidence has been presented and any requested hearings have been held, the Registrar will determine the matter.

Declarations

The Registrar may decide to make a ‘written declaration’ that identifies the entitled persons at the time the design was first registered. The Registrar will make a written declaration if either:

• specified entitled persons were not entitled
• other persons were also entitled.

If the Registrar makes a written declaration, the original design must be revoked (s 52(3)). ​​​​​​​

However, the properly entitled persons are entitled to file a new design application and the priority date of the original application is preserved (s 55).