If you are making an application against a business, it is very important that you provide the right details for the business, and that you use their correct legal name.

You can find this information by doing a ‘legal entity’ search, which is also known as a business or company search.  Finding the correct name and registered address for the business or company means that the CTTT can serve copies of the application and notices to them, and can make legally enforceable orders.

Warning!  Not providing the correct details for a business may result in your application being dismissed, or the orders you receive might not be enforceable.

Finding the correct business details

Company

The legal entity details for a company can usually be found on the company's lettterhead or an invoice.  You will need the following company information for your application:

• the company's registered name (e.g. Kenram Services Pty Ltd)
• the ACN (Australian Company Number)
• the registered office address and
• the place at which the company carries on business. 

If you do not have these company details, visit the Securities & Investments Commission's (ASIC) website and conduct a free National Names Index search. 

If you want additional information such as the details of officeholders or the addresses of the company then you will need to purchase a full company extract from an ASIC Service Centre or an Information broker.

Registered business

All businesses that operate in NSW under a business name must register the business name with NSW Fair Trading.  You can do a free business name search which will give you the correct legal entity details for the business:

• The registered business name (e.g. Julie Smith trading as Julie's Hairdressing Salon)
• The registered business address
• The registration date and status
• ABN

To do this check on the NSW Fair Trading website, go to Business names details check.  The search will only locate business names listed on the NSW Register of Business Names.

For additional information, such as the proprietor's names and addresses, you can purchase a Business Name Extract by visiting a Fair Trading Centre.  For more information about Business Name Extracts contact NSW Fair Trading on 13 32 20.

Unregistered business

If the business is not registered, try to find out the name of the person who owns the business.  If you cannot do this you can make the application against the unregistered business name only, however any orders made may not be enforceable.

Sole trader

If the trader or supplier is neither a company nor a registered business, they may be a ‘sole trader’.  A sole trader is a person in business for themselves using their own name.  You will only need to provide the person's name and their correct address on the application form.

If you do not have any written documents with an address, you will need to contact the trader or supplier and check that the details you are supplying to the CTTT are correct.

Other businesses involved in the dispute

Sometimes there may be another business that carried out work or supplied goods, manufactured items or supplied warranties for goods or services in relation to your application.  Sometimes traders use sub-contractors to do their work.  Finance companies and banks may also have an interest in your dispute. 

If you are aware of another business being involved in your dispute you should also supply their full details in your application to the CTTT.  You can name more than one businesses as the respondent on your application form.