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Identifying and naming parties

The applicant/s and respondent/s are the parties to the proceeding. There can be more than one applicant and more than one respondent in an application. 

You must identify the correct parties to the application.  Any document, invoice, receipt, contract or agreement related to the dispute may assist you to identify who are the correct parties. You may also wish to get independent legal advice to assist you in identifying the correct parties.

QCAT cannot give you advice about who are the correct parties.

You must also use the correct legal name for the parties.

The following information is a guide only.

Type of entity Can be named as a party? If no,  who can be named? Example of how to name
Individual person

Yes – use full first name or names, not just initials

Jane Smith
Unregistered business name

Conditionally

QCAT rule 16 allows an application to be made against an unregistered business name

The applicant must take all reasonable steps to find out the name of the person carrying on the business, and amend any filed documents to that name before the application can proceed

Unregistered business name Yummy Biscuits

Must be amended to
Jim Smith trading as unregistered business name Yummy Biscuits

Registered business name

Yes


QCAT rule 14 allows an application to be made against a registered business name

Include:

  • registration number
  • names of owners of business name trading as the registered business name
  • “Current Business Name Extract” from ASIC
Jane Smith trading as Jane Smith Painting QLD BN 123 456 78
Company

Yes

Include Australian Company Number (ACN)
Include “Current Company Extract” from ASIC

If company is trading as a business name, include that name

Jim Smith Removals Pty Ltd, ACN 123 456 789
or
Jim Smith Removals Pty Ltd, ACN 123 456 789 trading as Fast Removals

Trust

No

 

The trust cannot be a party.  The trustee for the trust is the party

Jim Smith as trustee for John Smith
or
Jim Smith Pty Ltd ACN 123 456 789 as trustee for Fast Removals Trust
Superannuation fund

No

 

The superannuation fund cannot be a party.  The trustee for the superannuation fund is the party

Jane Smith as trustee for Jill Smith Superannuation Fund
Partnership
Yes

QCAT rule 12 allows an application to be made either by or against a partnership name

Smiths, a Firm
Unincorporated association
No
Each member of the unincorporated association must be named personally
Jane Smith and Jim Smith as members of Smith Association, unincorporated
Incorporated association

Yes

Jane Smith Association Inc.
Non-profit association
Depends on whether it is unincorporated or incorporated – see above    
 Body corporate

Yes

Include the Community Title Scheme (CTS) Number

  Body Corporate for Smith Building CTS 12345
 State agency

Yes

Name the State, and then the specific agency

  State of Queensland, Department of Justice and Attorney-General

Getting Current Company Extracts and Business Name Extracts

The Australian Securities and Investments Commission (ASIC) maintains registers showing information about names, addresses and ownership of companies and businesses.

For a company, use the ASIC Organisations and Business Names search to get a Current Company Extract.  That Extract will show the name of the company, the Australian Company Number, the registered address of the company, and the names of the officeholders and other roles in the company. You should attach this Extract to your QCAT application.

For a registered business, use the ASIC Organisations and Business Names search to get a Current Business Name Extract.  That Extract will show the name of the business, the address for service of documents, and the names of the entities that hold the business name. You should attach this Extract to your QCAT application.  It is not sufficient to get a Business Name Summary.

A fee may be charged to obtain this information.  QCAT cannot get this information for parties.

Last reviewed
10 October 2014
Last updated
10 October 2014

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