Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) This regulation applies to an opposition if:
(a) the periods for filing evidence have ended; and
(b) the notice of opposition has not been withdrawn under regulation 5.26; and
(c) the opposition has not been dismissed under Part 5.4 or heard and decided under regulation 5.19.
(2) The Commissioner:
(a) must hold a hearing of the opposition if requested by a party in writing; or
(b) may decide, on the Commissioner's own initiative, to hold a hearing of the opposition.
(3) The hearing may, at the Commissioner's discretion, be:
(a) an oral hearing; or
(b) by written submissions.
(4) If the Commissioner decides on an oral hearing:
(a) the Commissioner must notify the parties of the date, time and place of the hearing; and
(b) the opponent must file a summary of submissions at least 10 business days before the hearing; and
(c) the applicant must file a summary of submissions at least 5 business days before the hearing; and
(d) the Commissioner must give a copy of each party's summary of submissions to the other party as soon as practicable.
(5) The Commissioner must:
(a) decide the opposition; and
(b) notify the parties of the Commissioner's decision.
(6) The Commissioner, in making an award of costs in relation to an opposition under subregulation 22.8(2), may consider a failure by a party to file a summary of submissions under subregulation (4).