Commonwealth Numbered Regulations

1979 No. 140 FEDERAL COURT RULES - RULE 42.18

18. (1) Where a proceeding is commenced against a person in a business name,
the applicant shall, as soon as practicable, take all reasonable steps
(whether by way of discovery of documents, interrogatories or otherwise) for
the purpose of ascertaining the name of the respondent and shall, so far as
practicable, make amendments so that the proceedings are continued against the
person sued in his own name and not in his business name.

(2) Where a proceeding is commenced against a person in a business name, the
applicant shall not, without the leave of the Court, take any step in the
proceeding, except in respect of service of the originating process and except
for the purpose of compliance with sub-rule (1), until amendments are made in
accordance with sub-rule (1).

(3) Where an amendment is made under this rule, the mode of amendment and
service after amendment shall be in accordance with Order 13, rules 8, 9 and
10.

(4) A party may make an amendment pursuant to Order 13, rule 4 notwithstanding
he has made an amendment under this rule.