New South Wales Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 48.22

48.22 Particulars of invalidity

(cf SCR Part 81, rule 40)

(1) A person who--

(a) applies under section 93 of the Designs Act 2003 of the Commonwealth for the revocation of the registration of a design, or

(b) applies under section 120 of that Act for the rectification of the Register, or

(c) disputes, in any proceedings, the validity of a registered design,

must, in the pleading or other document that disputes the validity of the registered design, give particulars of the grounds of invalidity on which the person relies.

(2) If one of those grounds is previous publication or user, the particulars must state the time and place of the previous publication or user alleged, and, in the case of previous user, the particulars--

(a) must specify the name of the person who is alleged to have made the previous user, and

(b) must specify the period during which the previous user is alleged to have continued, and

(c) must contain a description sufficient to identify the previous user.

(3) Except by leave of the Supreme Court, evidence is not admissible in proof of a ground of invalidity of which particulars have not been given.

(4) The Supreme Court may extend the time for delivering particulars under this rule and may allow particulars so delivered to be amended.