Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) This regulation applies to an opposition if the opposition has not been dismissed under regulation 9.10 or discontinued.
(2) A party may request the Registrar to hold a hearing if an evidentiary period mentioned in regulation 9.16 has ended; and either
(a) all evidence for the opposition proceeding has been filed; or
(b) no evidence has been filed in that period.
(3) The Registrar:
(a) must hold a hearing of the opposition if requested by a party in writing; or
(b) may decide, on the Registrar's own initiative, to hold a hearing of the opposition.
(4) The hearing may, at the Registrar's discretion, be:
(a) an oral hearing; or
(b) by written submissions.
(5) If the Registrar decides on an oral hearing:
(a) the Registrar 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.
(6) The Registrar may take into account a party's failure to file a summary of submissions under subregulation (5) in making an award of costs.
Note: Regulations 21.15 and 21.16 deal with hearings.