Queensland Consolidated Regulations
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UNIFORM CIVIL PROCEDURE RULES 1999 - REG 91
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
(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
(a) the Business Names Registration Act 2011 (Cwlth) , section 54 ;
Business Names Registration (Transitional and Consequential Provisions) Act 2011
(Cwlth) , schedule 1 , item 5 .
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