Proceeding in business name if unregistered etc
291 Proceeding in business name if unregistered etc
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—
the name is not registered under that Act; or
the name is registered under that Act, but is not registered in relation to the person; or
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.
If a proceeding is started against the person under the business name, the following provisions apply:
the proceeding is not invalid only because of the contravention;
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).
See r 110 (Notice of intention to respond or defence—person sued under business name).
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