Deputy Director General Fatima Beattie has approved a set charge of $1,200 for conducting an oral hearing outside of Canberra at the request of a party or parties to proceedings. The charge is to be shared between the parties attending the oral hearing.
The set charge may be waived or refunded where the hearing officer is not required to travel to conduct the hearing.
The set charge will be waived or refunded if the hearing is cancelled, with the exception that if:
(i)after the hearing has been set, a party notifies IP Australia that a hearing outside of Canberra is no longer required (for whatever reason), and
(ii)notification is received by IP Australia at a time two weeks or less prior to the scheduled date for the hearing,
then the set charge will be refunded to the party or parties less an amount of $200
IP Australia at its discretion may refuse a request for an oral hearing at a place outside of Canberra and will refuse the request if the set charge is not paid within a reasonable period before the scheduled date of the hearing.
IP Australia also reserves the right to recoup any additional costs it incurs above the set charge if a hearing exceeds 2 days in length.
The official signed instrument of approval for the above charge, dated 10 June 2016, will be published in each of the Australian Official Journals of Patents, Trade Marks and Designs on 30 June 2016, and in the next Plant Varieties Journal.
Queries: Bronwen Shelley
Assistant General Manager of Trade Marks and Designs
+61 2 6283 2826
Contact: IP Australia
Phone: 1300 651 010