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. 14

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