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3.5 Evidence

Date Published

Note: This information applies on or after 15 April 2013.

Relevant Legislation

The Act

Section 55

Documents open to public inspection

Section 210

Commissioner’s powers

Section 214

Filing of documents

Section 214C

Directions by Commissioner for filing of evidence

The Regulations

Reg 4.3(2)(b)

Prescribed documents: Public inspection

Chapter 5


Reg 5.8 as in force immediately before 15 April 2013

Time for Giving of Evidence (oppositions filed before 15 April 2013)

Reg 5.10 as in force immediately before 15 April 2013

Conduct of proceedings to which this Chapter applies (in oppositions filed before 15 April 2013)

Reg 22.12

Giving of oral evidence

Reg 22.13


Reg 22.15

Requirements for filing documents

Reg 22.24

Practice and procedure other than for opposition proceedings


Note: The obligation to serve a document or evidence on another party has been removed with effect from 15 April 2013. Documents and evidence need only be filed with IP Australia by the approved means and the Commissioner is responsible for making a copy of the document available to the other party.

Chapter 5 of the Regulations provides for the filing of evidence in opposition proceedings. Evidence may also be filed in support of other proceedings as directed by the Commissioner under reg 22.24 or as otherwise provided by the Act and Regulations.

The Commissioner is an administrative decision maker and is not restricted by the formalities which might be applicable to court actions, and strict evidentiary and other procedures are not applicable.

Please note that:

Confidential Evidence

Under section 55(2) documents filed in opposition proceedings, such as the evidence, are open to public inspection (OPI). In limited circumstances the Commissioner may however direct that a document not be OPI and may then allow inspection of the documents under specific conditions (see 3.13 Documents not OPI - Orders for Inspection).

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