Commonwealth Consolidated Regulations

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TRADE MARKS REGULATIONS 1995 - REG 21.12

Applications for costs

  (1)   For the purposes of section   221 of the Act (which deals with costs), a party to proceedings before the Registrar may apply to the Registrar, in an approved form, for an award of costs in relation to the proceedings.

  (2)   An application must be made:

  (a)   during the proceedings; or

  (b)   within 3 months from:

  (i)   the day on which the Registrar makes a decision in the proceedings that ends those proceedings; or

  (ii)   the date of the Registrar's notice to the party that the proceedings have been discontinued or dismissed;

    as the case requires.

  (3)   Before awarding costs in respect of the proceedings, the Registrar must give each party to the proceedings a reasonable opportunity to be heard in relation to the award of costs.

  (4)   If a bill of costs is filed in relation to the proceedings, the bill of costs must be filed within 3 months from the day on which the costs are awarded.


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