Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p12
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 12/43)
Character Range: 140550–143201

in the name of an individual partner.
Note: For execution of judgment against a partnership, see rule 41.21.  For execution of judgment against an individual partner, see rule 41.22.
Rules 9.47–9.50 left blank

Division 9.5—Business 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.

9.52  Proceeding against a business name
 (1) A proceeding may be started against a business name if:
 (a) the proceeding relates to anything done, omitted to be done or otherwise related to a business carried on by a person under that business name; and
 (b) the person's name is not registered in any register mentioned in paragraph 9.51(1)(b).
 (2) If a proceeding is brought under subrule (1), the business name is sufficient designation of the person in any process.
 (3) Any judgment or order made in the proceeding may be enforced against the person.

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.

9.54  Amendment of parties
 (1) As soon as practicable after filing an originating application against a person in the person's business name, the applicant must:
 (a) take all reasonable steps to find out the person's description; and
 (b) apply to the Court for leave to amend the