Commonwealth Numbered Regulations

1982 No. 72 DESIGNS REGULATIONS (AMENDMENT) - REG 39

39. (1) Where-

   (a)  an applicant has not, within the time specified in sub-regulation 34
        (2), served copies of the declarations referred to in that paragraph
        on the opponent;

   (b)  an opponent has served on the applicant copies of the declarations
        referred to in paragraph 35 (a); or

   (c)  an opponent or an applicant has lodged the written notice referred to
        in regulation 36, the opponent may lodge at the Designs Office an
        application in accordance with Form 12 for the date, time and place to
        be fixed for the hearing of the opposition of which he has given
        notice.

(2) Where-

   (a)  an opponent has not, within the time referred to in paragraph 33 (a),
        served on the applicant copies of the document referred to in that
        paragraph;

   (b)  an opponent has not, within the time referred to in paragraph 35 (a),
        served on the applicant copies of the declarations referred to in that
        paragraph;

   (c)  an opponent has served the written notice referred to in regulation
        36; or

   (d)  an opponent has not, within one month after service of-

        (i)    the copies of the declarations referred to in paragraph 35 (a);
               or

        (ii)   the written notice referred to in regulation 36,
lodged an application under sub-regulation (1), the applicant may lodge at the
Designs Office an application in accordance with Form 12 for the date, time
and place for the hearing of the opposition of which notice has been given to
be fixed.

(3) Upon receipt of an application under sub-regulation (1) or (2) the
Registrar shall fix a time and place for the hearing of the matter and shall
notify the applicant and opponent accordingly.

(4) Notwithstanding sub-regulation (3), if neither the opponent nor the
applicant has, within 3 months after becoming entitled to do so, lodged an
application under this regulation, the Registrar shall of his own motion fix a
time and place for the hearing of the matter and shall notify the applicant
and opponent, as the case requires, accordingly.

(5) For the purposes of sub-regulation (4)-

   (a)  a written statement lodged under regulation 33, 34, 35 or 36 is
        evidence of the facts stated; and

   (b)  failure to lodge at the Designs Office declarations or a copy of a
        notice in accordance with one of those Regulations is evidence of
        failure to serve copies of the declarations or the notice on the
        opponent or the applicant, as the case may be, under that regulation.