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
| Include:
| Jane Smith trading as Jane Smith Painting QLD BN 123 456 78 |
| Company | Yes Include Australian Company Number (ACN) | If company is trading as a business name, include that name Jim Smith Removals Pty Ltd, ACN 123 456 789 | |
| Trust | No | The trust cannot be a party. The trustee for the trust is the party |
Jim Smith as trustee for John Smith orJim 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 |
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.