Queensland Consolidated Regulations

QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL RULES 2009 - REG 16

16 Amendment as to parties if business name unregistered

(1) This rule applies if—

(a) a proceeding is brought against a person in relation to a business carried on by the person under a name other than the person’s own name; and

(b) the name is not registered on the Business Names Register.

(2) The applicant must, as soon as practicable, take all reasonable steps to find out the name of the persons carrying on the business under the name in question.

(3) The applicant must also, as far as practicable, amend documents that have been, or are to be, filed in the proceeding so the proceeding is continued against a named respondent and not in the name under which the business was carried on.

(4) Until the amendments are made, the applicant must not take a step in the proceeding, other than in compliance with section 37 of the Act or this rule, unless the applicant has the tribunal’s leave.

Note—

Section 37 of the Act requires an applicant for an application or referral to give a copy of the application or referral to particular persons, including each party to the proceeding.

(5) The applicant must give notice of the amendments to—

(a) each party to the proceeding; and

(b) each other person to whom the notice of the amendments must be given under an enabling Act; and

(c) any person the tribunal directs to be given the notice of amendments.