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s 9.51

Proceeding against a person who carries on a business under a business name

In force
Chapter 2Original jurisdiction—proceedings generally
Part 9Parties and proceedings
Division 9.5Business name proceedings

9.51 Proceeding against a person who carries on a business under a business name

A proceeding must be started against a person in the person’s name or under Division 9.4 if:

(a)

the proceeding is started against the person in relation to anything done, omitted to be done or otherwise related to a business carried on in Australia by that person under a business name; and

(b)

the business name is registered in a register in a State or Territory in which the business is carried on and discloses the name and residential address of the person.

Note 1:

Business name and description are defined in the Dictionary.

Note 2:

In a proceeding against a person in the person’s business name the person must file a notice of address for service in the person’s name—see rule 11.03.

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