Commonwealth Numbered Regulations

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1979 No. 140 FEDERAL COURT RULES - RULE 42.13

Proceedings in business name
13. (1) Where a claim is made against any person in respect of anything done
or omitted or suffered in the course of, or otherwise relating to, a business
carried on within Australia by that person under a business name-

   (a)  if the business name is registered in a register in the State or
        Territory in which the business is carried on, which register
        discloses the name and residential address of the person-a proceeding
        shall only be commenced against that person in his own name or
        pursuant to Division 1; and

   (b)  if the business name is not registered in a register referred to in
        paragraph (a)-a proceeding may be commenced against that person in
        that business name.

(2) Where a proceeding is commenced against a person in a business name
pursuant to paragraph (1) (b)-

   (a)  that business name shall, for the purpose of the proceeding, be a
        sufficient designation of that person in any process; and

   (b)  any judgment or order made in the proceeding may be enforced against
        that person.



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