Horizons (Asia) Pty Ltd and Registrar of Trade Marks

This matter concerned an application by Horizons (Asia) Pty Ltd for review of a letter from the Registrar of Trade Marks dated 21 November 2016. The letter indicated the Registrar's intention to refuse the applicant's late application for an extension of time to file a notice of opposition and statement of grounds and particulars in relation to a trade mark registration. The central dispute was whether the Administrative Appeals Tribunal had jurisdiction to review this letter.

The primary legal issue before the Tribunal was whether the letter of 21 November 2016 constituted a reviewable decision. The Tribunal was required to determine if it possessed the statutory authority to hear an appeal against the Registrar's preliminary advice, rather than a final determination. This involved considering the scope of the Tribunal's jurisdiction as conferred by the Administrative Appeals Tribunal Act 1975 (Cth) and the relevant provisions of the Trade Marks Act 1995 (Cth).

The Tribunal reasoned that the letter of 21 November 2016 was not a final determination but rather a procedural fairness letter. It explained that section 203 of the Trade Marks Act 1995 mandates that the Registrar must provide an opportunity to be heard before exercising a power that adversely affects an applicant. The letter in question fulfilled this requirement by outlining the intention to refuse the extension of time application and offering the applicant a chance to request a hearing. The Tribunal noted that the applicant had indeed requested a hearing, and the subsequent decision following that hearing would be the reviewable decision. Consequently, the Tribunal concluded it lacked jurisdiction to review the letter itself.

The application for review was therefore dismissed.