Australian Capital Territory Current Regulations

COURT PROCEDURES RULES 2006 - REG 110

    (1)     This rule applies if a proceeding is started against a person in a business name that is not the person's own name, whether or not the business name is registered under the Business Names Registration Act 2011

(Cwlth).

Note     See also div 2.4.11 (Business names).

    (2)     Any notice of intention to respond or defence must not be filed in the business name.

    (3)     The person may file a notice of intention to respond or defence only in the person's own name.

    (4)     If the person files a notice of intention to respond or defence in the person's own name—

        (a)     the proceeding continues in the business name until the amendments mentioned in rule 292 (3) (Business names—amendment about parties) are made; and

Note     Rule 292 (3) provides that the plaintiff must make the amendments necessary for the proceeding to be continued against a named defendant and not in the business name.

        (b)     the person must also file a statement of the names and home addresses of all the people who were carrying on business under the business name when the cause of action arose (a  business name statement ).

    (5)     The court may order that a notice of intention to respond or defence filed by the person be struck out if the person fails to comply with subrule (4) (b).

Note     Pt 6.2 (Applications in proceedings) applies to an application for an order under this subrule.

    (6)     Subrules (4) (b) and (5) do not apply if a business name statement has been filed in the proceeding by another defendant who is carrying on business under the business name.