ACTIn ForceRegulation
Court Procedures Rules
291Proceeding in business name if unregistered etc
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291 Proceeding in business name if unregistered etc
(1) This rule applies to a business name under which business is being
carried on by a person in contravention of the Business Names
Registration Act 2011 (Cwlth) because—
(a) the name is not registered under that Act; or
(b) the name is registered under that Act, but is not registered in
relation to the person; or
(c) the name is registered under that Act in relation to the person
but the person has not complied with that Act, section 12
(Notification of changes in particulars relating to registered
business names etc) in relation to the name.
(2) If a proceeding is started against the person under the business name,
the following provisions apply:
(a) the proceeding is not invalid only because of the contravention;
(b) the business name is a sufficient designation of the person in any
process in or in relation to the proceeding until the plaintiff
makes the amendments mentioned in rule 292 (3).
Note See r 110 (Notice of intention to respond or defence—person sued under
business name).
Rule 292