ACTIn ForceRegulation
Court Procedures Rules
6434Service on defendant operating under business name
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6434 Service on defendant operating under business name
(1) This rule applies in relation to a person if—
(a) the person (the defendant) is carrying on business under a
business name; and
(b) a proceeding is started against the defendant under the business
name.
(2) The originating process for the proceeding may be served on the
(a) if the business name is registered under the Business Names
Registration Act 2011 (Cwlth)—
(i) by serving it personally on someone at the address shown
in the Commonwealth business names register as the
address for service who appears to be at least 16 years old
and to be employed at the business; or
(ii) by sending it by prepaid post, addressed to the defendant,
to any place where business is carried on under the
registered name, whether or not the place is in the ACT; or
(b) if the business name is not registered under the Business Names
Registration Act 2011 (Cwlth)—by serving it personally on
someone at the place of business who appears—
(i) to have control or management of the business at the place;
and
(ii) to be at least 16 years old.
Rule 6435
(3) Any other document for the proceeding may be served on the
(a) as mentioned in subrule (2); or
(b) by sending it by prepaid post, addressed to the defendant, to any
place where business is carried on, whether or not the place is in
the ACT.
(4) For any provision of these rules requiring personal service of a
document on the defendant, service of the document in accordance
with subrule (2) or (3) is taken to be personal service of the document
on the defendant.
Commonwealth business names register means the business names
register under the Business Names Registration Act 2011 (Cwlth),
section 22.