When making an application against a business or company, you must provide their correct legal name and registered address. NCAT cannot find this information for you.
Attach a copy of a recent ASIC company extract or business name extract with your application form. This will allow NCAT to serve all parties with a notice of hearing and make legally enforceable orders.
Mary Jones t/as Mary's Cupcakes
Smith and Jones Pty Ltd ACN 123 456 789
ASIC provides an online search service for company and business name registers showing information about names, addresses and ownership. Company or business name extracts can be purchased online for a small fee.
ASIC Register free summary information is not sufficient as it does not include address details.
For ASIC Register services and general enquiries ask ASIC a question online or telephone 1300 300 630.
To search the ASIC Registers for companies and business names online:
ASIC will then email you a link to the extract which you can download and save.
Is your application is about an online purchase? You can perform a WHOIS lookup search to find current registration and ownership details for registered Australian domain names
If making an application against an individual who carries on business under their own name, you will only need to provide the individual's first name and surname and their current address. You do not need a business name search.
If the business is unregistered, try to find out the name of the individual/s who run the business. If you cannot do this you can make the application against the unregistered business name only, however the Tribunal's orders may not be enforceable.
Other businesses involved in the dispute
If there is another business or company involved in your dispute you should also supply their full details as noted on the ASIC extract in your application to NCAT. You can name more than one business or company as the respondent on your application form.
If the ASIC search indicates that the company or business is in liquidation or under external administration, this can directly impact on whether the NCAT can hear the matter or make enforceable orders.
Under Section 471B, Section 500 or Section 440D of the Corporations Act 2001, you may be unable to proceed with an application to NCAT against a trader who is bankrupt or in liquidation without the approval of the NSW Supreme Court, and subject to such conditions as that Court may impose.
NCAT cannot provide legal advice. Find out how we can and cannot assist.
For information and assistance about claims against traders in bankruptcy, liquidation or external administration contact LawAccess NSW.
21 Aug 2023
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