The Registrar's Powers, Evidence and Procedure

In one line

The Registrar has the powers of a civil court, may award executable costs, may review his own decision, must hear before deciding against an applicant, takes evidence on affidavit, may substitute a deceased party, may extend time without a hearing and with no appeal, and may treat a defaulting application as abandoned.

Section 60: the Registrar's powers

Section 60(a), civil court powers. In all proceedings before him the Registrar has all the powers of a civil court for the purposes of

1. receiving evidence;
2. administering oaths;
3. enforcing the attendance of witnesses;
4. compelling the discovery and production of documents; and
5. issuing commissions for the examination of witnesses.

Section 60(b), costs. Subject to rules under section 87, he may make such orders as to costs as he considers reasonable, "and any such order shall be executable as a decree of a civil court".

Section 60(c), review. He "may, on an application made in the prescribed manner, review his own decision".

Compare section 32 of the Designs Act. The Controller there has the same five powers plus awarding costs, executable as a decree. But the Designs Act gives him no power of review. Section 60(c) is a real difference, and it is examinable: under this Act a party who says the Registrar overlooked something need not appeal; he may ask the Registrar to review.

Section 61: the right to be heard

The provision. "Subject to the provisions of section 64, the Registrar shall not exercise any discretionary or other power vested in him by this Act or the rules made thereunder adversely to a person applying for the exercise of that power without (if so required by that person within the prescribed time) giving to the person an opportunity of being heard."

Three points.

"Discretionary or other power." Wider than section 33 of the Designs Act, which speaks only of a discretionary power.

The right must be asked for. "If so required by that person within the prescribed time". Same as the Designs Act.

"Subject to the provisions of section 64." The extension-of-time power is expressly carved out, and section 64(2) says why: no hearing is required there.

Section 62: evidence

The provision. "In any proceeding under this Act before the Registrar, evidence shall be given by affidavit: Provided that the Registrar may, if he thinks fit, take oral evidence in lieu of, or in addition to, such evidence by affidavit."

Note what is missing. Section 37 of the Designs Act expressly allows the Controller to permit cross-examination on an affidavit. Section 62 does not mention it. In practice the Registry permits cross-examination as part of its general procedure and the Rules provide for it, but the section itself is silent, and a careful answer says so.