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s 34.24

Starting an appeal—filing and service of notice of appeal

In force
Chapter 3Original jurisdiction—special classes of proceedings
Part 34Other proceedings
Division 34.3Intellectual property

34.24 Starting an appeal—filing and service of notice of appeal

(1)

A party who wants to appeal from a decision of the Commissioner must, within 21 days of the date of the decision, file a notice of appeal, in accordance with Form 92.

(2)

A notice of appeal must state the following:

(a)

the Commissioner from whom the appeal is brought and the date of the decision;

(b)

whether the appeal is from the whole or a part of the decision (including, if from a part only, details of the part);

(c)

the order or orders sought;

(d)

the grounds relied on in support of each order sought;

(e)

the particulars of each ground relied on.

Note:

A Registrar will fix a return date and place for hearing and endorse those details on the notice of appeal. The return date will be at least 28 days after filing.

(3)

The applicant must serve the notice of appeal on the Commissioner and each other party to the appeal within 5 days after filing the notice of appeal.

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