40ZARAppeals against decisions of Registrar of Trade Marks

40ZAR Appeals against decisions of Registrar of Trade Marks

(1) An appeal lies to the Federal Court against such decisions of the Registrar of Trade Marks as are prescribed by the regulations (being decisions under regulations made for the purposes of subsection 40ZAQ(3)). (2) The jurisdiction of the Federal Court to hear and determine appeals against prescribed decisions is exclusive of the jurisdiction of any other court except the jurisdiction of the High Court under section 75 of the Constitution. (3) On hearing an appeal against a prescribed decision, the Federal Court may do any one or more of the following: (a) admit further evidence orally, or on affidavit or otherwise; (b) permit the examination and cross‑examination of witnesses, including witnesses who gave evidence before the Registrar of Trade Marks; (c) order an issue of fact to be tried as it directs; (d) affirm, reverse or vary the prescribed decision; (e) give any judgment, or make any order, that, in all the circumstances, it thinks fit; (f) order a party to pay costs to another party. (4) The Registrar of Trade Marks may appear and be heard at the hearing of an appeal to the Federal Court against a prescribed decision. (5) Except with the leave of the Federal Court, an appeal does not lie to the Full Court of the Federal Court against a decision of a single judge of the Federal Court in the exercise of its jurisdiction to hear and determine appeals against prescribed decisions. (6) The regulations may make provision about the practice and procedure of the Federal Court in a proceeding under this section, including provision: (a) prescribing the time for starting the action or proceeding or for doing any other act or thing; or (b) for an extension of that time.