44. Rounds of evidence

Where the counter-statement has been filed, the Registrar, after hearing the parties on the appropriate timelines, must make all of the following directions:

the opponent must, within a specified period (including any extension under rule 45), file with the Registrar a statutory declaration setting out the evidence the opponent wishes to adduce in support of the opposition to the qualification of rights, and serve on the requestor a copy of the same declaration;

the requestor must, within a specified period (including any extension under rule 45), file with the Registrar a statutory declaration setting out the evidence the requestor wishes to adduce in support of the request, and serve on the opponent a copy of the same declaration; (c)the opponent may, within a specified period after the service of the declaration in sub-paragraph (b) (including any extension under rule 45), file with the Registrar a statutory declaration setting out the opponent’s evidence in reply, and serve on the requestor a copy of the same declaration.

Each period specified by the Registrar under paragraph (1) must be 2 months or more.

The opponent’s statutory declaration mentioned in paragraph (1)(c) must be confined to matters that are strictly in reply to the requestor’s statutory declaration mentioned in paragraph (1)(b).

If the opponent does not comply with a direction made under paragraph (1)(a), the opponent is treated as having withdrawn the opposition.

If the requestor does not comply with a direction made under paragraph (1)(b), the requestor is treated as having withdrawn the request.

Where the counter-statement has been filed, the Registrar, after hearing the parties on the appropriate timelines, must make all of the following directions:

the opponent must, within a specified period (including any extension under rule 45), file with the Registrar a statutory declaration setting out the evidence the opponent wishes to adduce in support of the opposition to the qualification of rights, and serve on the requestor a copy of the same declaration;

the requestor must, within a specified period (including any extension under rule 45), file with the Registrar a statutory declaration setting out the evidence the requestor wishes to adduce in support of the request, and serve on the opponent a copy of the same declaration; (c)the opponent may, within a specified period after the service of the declaration in sub-paragraph (b) (including any extension under rule 45), file with the Registrar a statutory declaration setting out the opponent’s evidence in reply, and serve on the requestor a copy of the same declaration.

Each period specified by the Registrar under paragraph (1) must be 2 months or more.

The opponent’s statutory declaration mentioned in paragraph (1)(c) must be confined to matters that are strictly in reply to the requestor’s statutory declaration mentioned in paragraph (1)(b).

If the opponent does not comply with a direction made under paragraph (1)(a), the opponent is treated as having withdrawn the opposition.

If the requestor does not comply with a direction made under paragraph (1)(b), the requestor is treated as having withdrawn the request.