Cooling-off period
An opposition may be temporarily suspended if both parties agree to a cooling-off period.
A cooling-off period may be requested at any time after a statement of grounds and particulars has been filed but before:
- we have made a decision on the opposition; or
- the opposition has been dismissed.
There is no fee to request a cooling-off period.
Only one cooling-off period may be requested in an opposition. The length of a cooling-off period is 6 months. If both parties agree, a cooling-off period can be extended for a further 6 months.
Either party may request the cooling-off period to be discontinued early. When the cooling-off period ends, either by discontinuation or expiry, the opposition resumes and the relevant stage of the proceedings restarts.
For example, if the cooling-off period began during the evidence in support stage, the opponent would have 3 months from the day the cooling-off period ended to file evidence in support.
A cooling-off period is not applicable to opposition proceedings where a notice of opposition was filed before 15 April 2013.
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Last Updated: 24/4/2013
