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Date Published

Note: This information applies to oppositions commenced on or after 15 April 2013, and oppositions commenced before 15 April 2013 provided an evidentiary period commenced on or after 15 April 2013.

The former reg 5.10 continues to apply to extend an evidentiary period that commenced before 15 April 2013. (See 3.11.3 Extensions of Time – Regulation 5.10).

If the Commissioner decides that an extension should be allowed, she must separately determine what period is appropriate. Regulation 5.9(3) requires the Commissioner to determine the length of the extension having regard to what is "reasonable in the circumstances". Consequently, a party will need to explain why the period sought is appropriate.

The period of the extension must relate to the reasons why the evidence was not filed within time.  For instance, if the Commissioner grants an extension because a party is sick for a week, the Commissioner would grant the extension for a week. Where a party cannot justify the full extension sought, the Commissioner will grant a period that is reasonable. The Commissioner will not grant an extension longer than is justified.

The Commissioner cannot allow an unsuccessful party a short extension to file evidence that is immediately available, or to validate evidence that has already been filed out of time - Regulation 5.9 is not a discretion similar to that considered in Ferocem. Evidence filed out of time is discussed at

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