or other application incidental to pending proceedings or a pending
application, including an application for an extension of time and
condonation, may be brought on notice supported by such affidavits as
the case may require and be set down at a time assigned by the Registrar.
(b) If the applicant in such an application wishes to rely on particular
facts not apparent from the official record, an affidavit must be filed
at the Office at least 10 court days before the hearing. In the event
that the applicant does not file an affidavit, it shall be presumed that
he intends to rely on those facts which are properly before the Registrar.
At any time within the period allowed for the filing of such an affidavit
by the applicant, he may give written notification to the other party
and to the Registrar that he intends to rely on the facts which are properly
before the Registrar.
(c) After the applicant has filed his affidavit, the other party may file
an answering affidavit at least seven court days before the hearing. In
the event that the applicant does not file an affidavit in support of
his application, the other party may file an affidavit at least seven
court days before the hearing, setting out such facts as he may consider
relevant.
(d) At least four court days before the hearing, the applicant may file
an affidavit replying to any facts set out in the answering affidavit.
(e) A copy of an affidavit filed with the Registrar in accordance with
the aforegoing shall be delivered to the other party to the proceedings
at its appointed address for service.
(f) A notice of set-down shall be served upon every party to whom notice
of it is to be given at least 10 court days prior to the hearing and both
parties shall pay the prescribed hearing fee on Form TM2 prior to the
hearing date.
(g) Failure to comply with these provisions shall result in the matter
being struck off the roll, and an appropriate award of costs shall be
made by the Registrar.
(4) (a) In any opposed proceedings before the Registrar in terms of this
regulation which result in a hearing before the Registrar, both parties
to the matter shall file heads of argument at the Office of the Registrar
not later than two court days before the date which has been set down
for the hearing.
(b) Such heads of argument shall consist of a concise and succinct statement
of the main points (without elaboration) intended to be argued. A list
of authorities relied upon in support of each point shall also be supplied.
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