10.8. Complying with formality requirements

The applicant should be invited to comply with formality requirements in the most expeditious way available. Where formality requirements are not met, the Registrar must reject the application as not being in accordance with this Act (section 33(3)).

8.1 Where there are only one or two minor formalities matters that have to be resolved an attempt should be made to contact the applicant by telephone or email requesting that they provide the relevant information through the online services page. Appropriate records should be attached to the file, either a Record of Conversation or a copy of the email that was sent.

8.2 Where a request has been made by telephone or email but no information has been received through the online services page by one week after the contact was made the examiner should issue a report regarding the requested information if this is necessary.

8.3 If other matters have to be dealt with in any case then the formality requirements should be included in the report to be issued.

Please note – subsequent discussion with, and queries from, an applicant can still be handled via email. However any response which will result in the application being amended must be submitted through the online services page. This ensures that the response is appropriately captured as official correspondence which can then be actioned accordingly.

For example if the applicant is unsure of what information they should provide, they can email a response requesting clarification. If they request or consent to amendments, they should be advised that this must be submitted via the online services page before it can be actioned.

All email correspondence to or from an applicant or their attorney must be saved to file.