Commonwealth Numbered Regulations

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1992 No. 150 TRADE MARKS REGULATIONS (AMENDMENT) - REG 9

9. New Schedule 6 (Costs, expenses and allowances)
9.1 After Schedule 5, insert:
                      SCHEDULE 6              Regulation 71A

COSTS, EXPENSES AND ALLOWANCES
PART 1-COSTS
Column 1  Column 2                              Column 3

Item      Matter                                     Fee

1         Notice of opposition                      $165

2         Evidence in support                       $430

3         Receiving and perusing notice of

          opposition                                 $80

4         Receiving and perusing evidence in

          support                                   $185

5         Evidence in answer                        $430

6         Receiving and perusing evidence in

          answer                                    $130

7         Evidence in reply                         $215

8         Receiving and perusing evidence in

          reply                                      $80

9         Preparation of case for hearing           $325

10        Attendance at hearing by patent

attorney, trade marks agent or
          solicitor without counsel          $165 per hour or

$735 per day
11        Attendance at hearing by patent

attorney, trade marks agent or
          solicitor instructing counsel       $130 per hour or

$590 per day
12        Counsel fees                        $215 per hour or

$970 per 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.
2. A person attending proceedings before the Registrar must be paid a
reasonable amount for allowances for:

   (a)  transport between the usual place of residence of the person and the
        place that he or she attends for that purpose; and

   (b)  if he or she is required to be absent overnight from his or her usual
        place of residence-meals and accommodation; up to a daily maximum of
        $370.
Division 2-Allowances
3. A person summoned to appear as a witness, because of his or her
professional, scientific or other special skill or knowledge, 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 for that purpose;
        and

   (b)  in any other case-an amount of not less than $92, or more than $462,
        for each day on which 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 for that purpose;
        and

   (b)  in any other case-an amount of not less than $52, or more than $86,
        for each day on which he or she so attends. 


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