sec.88Enforcement against property of a business

### sec.88 Enforcement against property of a business This section 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 (whether or not the name is registered on the Business Names Register or held under business names legislation); and the proceeding is started in the name under which the person carries on business; and the proceeding is continued by leave of the court. An order in the proceeding may be enforced against any property of the person carrying on the business. For subsection (1) (a) , a name is held under business names legislation only if it is held under— the Business Names Registration Act 2011 (Cwlth) , section 54 ; or the Business Names Registration (Transitional and Consequential Provisions) Act 2011 (Cwlth) , schedule 1 , item 5. s 88 amd 2011 No. 45 s 214 ; 2017 No. 17 s 21 (sec.88-ssec.1) This section 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 (whether or not the name is registered on the Business Names Register or held under business names legislation); and the proceeding is started in the name under which the person carries on business; and the proceeding is continued by leave of the court. (sec.88-ssec.2) An order in the proceeding may be enforced against any property of the person carrying on the business. (sec.88-ssec.3) For subsection (1) (a) , a name is held under business names legislation only if it is held under— the Business Names Registration Act 2011 (Cwlth) , section 54 ; or the Business Names Registration (Transitional and Consequential Provisions) Act 2011 (Cwlth) , schedule 1 , item 5. - (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 (whether or not the name is registered on the Business Names Register or held under business names legislation); and - (b) the proceeding is started in the name under which the person carries on business; and - (c) the proceeding is continued by leave of the court. - (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.