Queensland Consolidated Regulations

QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL RULES 2009 - REG 47

47 Response to application or referral if proceeding against business name

(1) This rule applies if a proceeding is brought against an entity—

(a) in relation to a business carried on by the entity under a name other than the entity’s own name; and

(b) regardless of whether the name is registered on the Business Names Register or held under business names legislation.

(2) A response to the application or referral in the proceeding must be in the name of an entity and not in the name mentioned in subrule (1) .

(3) A person who responds to an application or referral in the proceeding must file and give with the response a statement of the names and contact details of all persons who were carrying on business under the name as at the day a copy of the application or referral was given to the person.

(4) The principal registrar may set aside a person’s response to an application or referral if the person does not comply with subrule (3) .

(5) For subrule (1) (b) , a name is held under business names legislation only if it is held under—

(a) the Business Names Registration Act 2011 (Cwlth) , section 54 ; or

(b) the Business Names Registration (Transitional and Consequential Provisions) Act 2011 (Cwlth) , schedule 1 , item 5.