Review of a Decision to Grant or Refuse an Extension

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).

A decision to grant or refuse an extension of time can be reviewed by the Federal Court under the Administrative Decisions (Judicial Review) Act. While the judicial review is pending, the Commissioner will stay the opposition (see The effect of the stay is that exceptional circumstances exist and extensions of the current evidentiary stage will be able to be obtained.

The extensions obtained on the basis of the stay merely preserve the situation until the stay is lifted (i.e. after the judicial review is completed), and do not extend the period regardless of the outcome of the review. Consequently if the original extension is ultimately refused, any evidence filed during the extension(s) is out of time (see