New South Wales Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 7.22

7.22 Plaintiff to amend documents in the proceedings to replace business name with defendant's own name

(cf SCR Part 64, rule 5; DCR Part 46, rule 4; LCR Part 35, rule 4)

(1) In any proceedings in which a defendant is sued under a business name, the plaintiff must take such steps as are reasonably practicable--

(a) to ascertain the name and residential address of the defendant, and

(b) to amend such documents in the proceedings as will enable the proceedings to be continued against the defendant in his or her own name.

(2) In any such proceedings, the plaintiff may not, except by leave of the court, take any step in the proceedings other than--

(a) the steps of filing and serving originating process, and

(b) steps to ascertain the name and residential address of the defendant,

until the documents in the proceedings have been amended as referred to in subrule (1)(b).