QCAT ASIC Business Name Search — Finding the Right Respondent

Why the Respondent's Legal Name Matters

Naming the wrong entity on your QCAT application isn't a minor error you can fix later — it can make your entire order unenforceable. If you win a decision against "Smith's Plumbing" but that's just a trading name and the actual entity is John Robert Smith operating as a sole trader, you may not be able to enforce the order against his bank accounts or personal assets.

QCAT registry staff can't help you identify the correct respondent. They're legally prohibited from giving that kind of guidance. You need to do the entity search yourself before you file.

How to Search the ASIC Register

The Australian Securities and Investments Commission (ASIC) maintains the national register of business names and companies. You can search it online at the ASIC Connect portal.

For a business name: Search under "Business Names" to find who owns a registered trading name. The search result tells you whether the holder is an individual (sole trader) or a company, plus their registered address. ASIC charges a small fee for a current extract — this fee is recoverable as a litigation cost if you win your minor debt claim.

For a company: Search under "Organisations & Business Names" using the company name or ACN. The result shows the company's full legal name, ACN, registration status, and registered office address. You need the registered office address for service — it's often different from the shopfront or job site address you've been dealing with.

How to Name Different Entity Types on Form 3

Sole trader: Name the individual person, with their trading name added. Format: "John Robert Smith trading as Smith's Plumbing". For a Form 3 minor debt application, QCAT Rule 39 allows service by personal delivery and other specified methods, including post when the respondent is more than 50 km from the nearest registry, email or fax if that address was given for service, or leaving it with an adult at the relevant address.

Company (Pty Ltd): Name the full corporate title with the ACN. Format: "Smith Enterprises Pty Ltd ACN 123 456 789". Serve by posting a sealed copy to the company's registered office address, or by personally delivering it to a director. Service on a company follows section 109X of the Corporations Act 2001 (Cth).

Partnership: Name the partnership or the individual partners. Serve by delivering a copy to any partner, or by leaving it at the principal place of business with a person who appears to manage or control the business.

Common Mistakes

The most frequent naming errors in QCAT applications:

• Using a trading name without identifying the individual behind it (sole traders must be named personally)
• Naming a deregistered company that no longer exists — check the ASIC register for "registered" status before filing
• Confusing the ABN with the ACN — they're different numbers; a company must be named with its ACN
• Using a business address instead of the registered office address for service on a company

If you discover mid-case that you've named the wrong entity, you can apply to QCAT for leave to amend the application using Form 40. But it's far easier to get it right from the start.

What If You Can't Find Them on ASIC

Not everyone who owes you money runs a registered business. An individual who isn't trading under a business name won't appear on ASIC at all. In that case, you need their full legal name and current residential address — from the contract, invoice, correspondence, or a people-search. If you genuinely can't locate the respondent's address, you may need to apply for substituted service (Form 40) once you've filed.

The QCAT filing guide includes an entity verification checklist that walks through the ASIC search process step by step, with the exact naming format for each entity type and common traps to avoid.

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