Lapsing Prior to Issuing First Report

Date Published

Examination must not be carried out on a case which is either in a state of lapse or has lapsed (Ferplas Industries Ltd. (No. 2) (1979) 49 AOJP 1185).  Applications that are in a state of lapse are identified by a warning message that appears when the Exam Request task is opened (see Alerts and Warnings). Where examination has commenced, but the case lapses before the first report is issued, examiners should phone the attorney or applicant (if a letter has not already been sent by COG) advising that the application is in a state of lapse and a record of the conversation placed on file. The Exam Request task should remain in the work stream and not be reassigned to COG.