Commonwealth Consolidated Regulations

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DESIGNS REGULATIONS 2004 - SCHEDULE 3

Costs

(regulation   10.02)

Part   1 -- Costs

 

 

Item

Matter

Amount

1

Preparing notice of opposition

$600

2

Receiving and perusing notice of opposition

$300

3

Preparation of case for hearing

$1,500

4

Attendance at hearing by:

(a) a registered patent attorney without counsel; or

(b) a registered trade marks attorney without counsel; or

(c) a solicitor without counsel

$390 an hour, but not more than $1,755 a day

5

Attendance at hearing by:

(a) a registered patent attorney instructing counsel; or

(b) a registered trade marks attorney instructing counsel; or

(c) a solicitor instructing counsel

$300 an hour, but not more than $1,350 a day

6

Counsel fees for attendance at hearing

$450 an hour, but not more than $2,025 a day

Part   2 -- Expenses and allowances

Division   1 -- Expenses

1     A person who has paid a fee prescribed in these Regulations in relation to proceedings before the Registrar may be paid the amount of the fee.

Note:   If the person wishes to be paid, the person must apply for an award of costs in respect of the proceedings: see regulation   10.02.

2     A person attending proceedings before the Registrar must be paid:

  (a)   a reasonable amount for allowances for transport between the person's usual place of residence and the place where he or she attends the proceedings; and

  (b)   if the person is required to be absent overnight from his or her usual place of residence--a reasonable amount for allowances up to a daily maximum of $1,050 for meals and accommodation.

Division   2 -- Allowances

3     A person who, because of his or her professional, scientific or other special skill or knowledge, is summoned to appear as a witness before the Registrar must be paid:

  (a)   if the person is remunerated in his or her occupation by wages, salary or fees--an amount equal to the amount of wages, salary or fees not paid to the person because of his or her attendance as a witness; or

  (b)   in any other case--an amount of not less than $210, or more than $1,050, for each day when he or she so attends.

4     A person summoned to appear as a witness, other than a witness referred to in clause   3, before the Registrar must be paid:

  (a)   if the person is remunerated in his or her occupation by wages, salary or fees--an amount equal to the amount of wages, salary or fees not paid to the person because of his or her attendance as a witness; or

  (b)   in any other case--an amount of not less than $120, or more than $195, for each day when he or she so attends.



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