Australian Capital Territory Current Regulations Australian Capital Territory Current Regulations(1) This rule applies to a business name under which business is being carried on by a person in contravention of the Business Names Registration Act 2011
(Cwlth) because—
(a) the name is not registered under that Act; or
(b) the name is registered under that Act, but is not registered in relation to the person.
(2) If a proceeding is started against the person under the business name, the plaintiff must take all reasonable steps to find out the person's name.
(3) The plaintiff must also make the amendments necessary for the proceeding to be continued against a named defendant and not in the business name.
(4) Until the amendments are made, the plaintiff may only take a step in the proceeding with the court's leave.
Note Pt 6.2 (Applications in proceedings) applies to an application for leave.
(5) Subrule (4) does not apply to—
(a) the filing or service of an originating process; or
(b) the filing or service of an application under rule 650 (Discovery to identify potential defendant) or rule 651 (Discovery to identify right to claim relief); or
(c) the filing or service of an application for an order under rule 706 (Urgent orders before start of proceeding); or
(d) a step taken to comply with this rule; or
(e) the filing or service of an application for leave under subrule (4).
(6) An amendment for this rule must be made in accordance with rule 509 (Amendment—procedure) and served in accordance with rule 511 (Amendment—service of amended document).
(7) This rule applies in addition to part 2.7 (Amendment).