Queensland Consolidated Regulations

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Notice of intention to defend

91 Notice of intention to defend

(1) This rule applies if 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 regardless of whether the name is registered on the Business Names Register or held under business names legislation.
(2) A notice of intention to defend must be in the name of a person and not in the business name.
(3) A person who files a notice of intention to defend must file and serve with the notice a statement of the names and places of residence of all persons who were carrying on business under the name as at the day the proceeding was started.
(4) The court may set aside the notice of intention to defend of a person who does not comply with subrule (3) .
(5) For subrule (1) , 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 .

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