Australian Capital Territory Current Regulations

COURT PROCEDURES RULES 2006 - REG 6434

    (1)     This rule applies in relation to a person if—

        (a)     the person (the defendant ) is carrying on business under a business name; and

        (b)     a proceeding is started against the defendant under the business name.

    (2)     The originating process for the proceeding may be served on the defendant—

        (a)     if the business name is registered under the Business Names Registration Act 2011

(Cwlth)—

              (i)     by serving it personally on someone at the address shown in the Commonwealth business names register as the address for service who appears to be at least 16 years old and to be employed at the business; or

              (ii)     by sending it by prepaid post, addressed to the defendant, to any place where business is carried on under the registered name, whether or not the place is in the ACT; or

        (b)     if the business name is not registered under the Business Names Registration Act 2011

(Cwlth)—by serving it personally on someone at the place of business who appears—

              (i)     to have control or management of the business at the place; and

              (ii)     to be at least 16 years old.

    (3)     Any other document for the proceeding may be served on the defendant—

        (a)     as mentioned in subrule (2); or

        (b)     by sending it by prepaid post, addressed to the defendant, to any place where business is carried on, whether or not the place is in the ACT.

    (4)     For any provision of these rules requiring personal service of a document on the defendant, service of the document in accordance with subrule (2) or (3) is taken to be personal service of the document on the defendant.

    (5)     In this rule:

"Commonwealth business names register" means the business names register under the

(Cwlth), section 22.