Barrister AI
All legislation
COMMONWEALTHRule
In force
This is the latest official compilation.Check the official source →
s 9.53

Proceeding under this Division or Division 9.4

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

9.53 Proceeding under this Division or Division 9.4

A party to a proceeding may proceed under this Division or Division 9.4 if:

(a)

a proceeding is brought against a person in the person’s business name; and

(b)

the person files a notice of address for service under rule 11.03; and

(c)

a statement filed with the notice of address for service sets out the name of at least one other person with whom the person carried on business under the business name:

(i)

at the date specified in the originating application as the date that the cause of action arose; or

(ii)

when the proceeding was started.

Note:

Rule 11.03 provides that if an originating application is brought against a business name, the person served must file an address for service in the person’s name.

Research tools for this sectionPro

The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.