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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).

Sometimes evidence is filed while an extension of time is pending.  If the extension of time is granted, the evidence will have been filed in time and is part of the evidence in the opposition.

If the extension of time is not granted, the "out of time" evidence has not been properly filed, and consequently is not part of the opposition.  For oppositions commenced before 15 April 2013, the party can seek to serve this material as further evidence.  In other cases the Commissioner may consider the material under reg 5.23.

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