Welcome to the new version of the Patents Manual. Please note there are changes to the numbering and sequence of the chapters and pages in the manual. You are encouraged to take the time to explore and familiarise yourself with this new structure. Bias as a Result of Other Proceedings Involving the Same Parties

Date Published

The fact that a hearing officer has been involved in earlier proceedings in relation to the same matter, e.g. an extension of time or a s104 amendment, does not disqualify that person from hearing subsequent proceedings, such as the substantive opposition, because of an apprehension of bias (see Re J.R.L.; Ex Parte C.J.L., 161 CLR 342 at 352).

Where a party raises concerns that a hearing officer has previously decided some of the same matters in an earlier decision, the considerations set out in Vehicle Monitoring Systems Pty Limited v SARB Management Group Pty Ltd (No 5) [2020] FCA 1243 will provide useful guidance.

Amended Reasons

Amended Reason Date Amended
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