Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p13
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 13/43)
Character Range: 142959–145633

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 application, and any other document filed in the proceeding, to enable the proceeding to continue against the person in the person's name.
Note 1: Description is defined in the Dictionary.
Note 2: Amendments to originating applications are dealt with in Division 8.3 and amendments to pleadings are dealt with in Division 16.5.
 (2) The applicant may take a step in the proceeding (other than those mentioned in paragraph (1)(a) and arranging for service of a copy of the application under paragraph (1)(b)) only if the amendments required under paragraph (1)(b) are made or the Court gives leave.
Note: For service on a person under a legal incapacity, see rule 10.09.
 (3) Nothing in this rule prevents a party from amending a document under rule 16.51 or 16.53.

9.55  Variation of order
 (1) Despite rule 41.31, a person may apply to the Court for the variation of an order made against a person in the person's business name so that the order is made against the person in the person's name.
 (2) An application for a variation of an order under subrule (1) must be served personally on the person against whom the order was made.
 (3) An order that is varied under subrule (1) may be enforced personally against the person against whom the order was made.
Note: Rule 41.31 deals with enforcement against a business name.

9.56  Order for discovery—proceeding brought against a person in the person's business name
 (1) An applicant may apply to the Court for an order under subrule (2) if the applicant:
 (a) starts a proceeding against a person (the respondent) in the respondent's business name; and
 (b) satisfies the Court that another person:
 (i) knows or is likely to know the respondent's description; or
 (ii) has or is likely to have or has had or is likely to have had control of a document that would help ascertain the respondent's description.
 (2) If the Court is satisfied of the matters mentioned in paragraph (1)(b), the Court may order the other person:
 (a) to attend before the Court to be examined orally about the respondent's description; and
 (b) to produce to the Court at that examination any document or thing in the person's control relating to the respondent's description; and
 (c) to give discovery to the applicant of all documents that are or have been in the other person's control relating to the respondent's description.
Note: Description is defined in the Dictionary.
 (3) The applicant