South Australia ASIC Business Name Search Before Suing — Find the Right Entity

The Mistake That Makes Your Judgment Worthless

You win your case. The magistrate orders "Adelaide Plumbing Solutions" to pay you A$8,000. Then you try to enforce the judgment — and discover "Adelaide Plumbing Solutions" is a trading name, not a legal entity. There is nobody to enforce against.

This is the most common avoidable error in minor civil claims. The business name on the shopfront, the van, or the invoice is often not the legal entity you need to sue. Before filing, you must verify who is behind the name.

How Business Names Work in Australia

A business name is a registration, not a legal entity. The entities that can actually be sued are:

• Individuals (natural persons)
• Sole traders — an individual trading under a business name
• Partnerships — two or more people trading together
• Companies — a Pty Ltd with its own ACN

When you sue a sole trader, you name them as "John Smith t/as Adelaide Plumbing Solutions." When you sue a company, you name it as "APS Holdings Pty Ltd (ACN 123 456 789)." The trading name alone is not enough.

Step 1: Search the ASIC Business Names Register

Go to the ASIC (Australian Securities and Investments Commission) website at asic.gov.au and search the Business Names Register. Enter the trading name you know — the one on the invoice or the shopfront.

The search result shows you:

• The business name registration number
• The registrant — the individual or company that holds the registration
• The registrant's address (the address for service)
• Whether the registration is current or cancelled

If the registrant is a company, note the ACN. If it is an individual, you have the person's name.

Step 2: Check the Company (If Applicable)

If the ASIC search shows a Pty Ltd company behind the trading name, run a second search — this time on the ASIC Company Register using the ACN. Basic company information is free; a paid current company extract shows:

• The company's registered office address (where you serve documents)
• The company's current status (registered, deregistered, or under external administration)
• The names of directors

A deregistered company ceases to exist, but ASIC may reinstate it if it should not have been deregistered, and a person aggrieved by the deregistration may apply to court for reinstatement. If a company is in voluntary administration, proceedings against it require the administrator's written consent or court leave. In liquidation, court leave is required.

Step 3: Check CBS for SA-Specific Registrations

Consumer and Business Services (CBS) at cbs.sa.gov.au maintains South Australia-specific registers for licensed trades — building work contractors, plumbers, electricians, security agents, and second-hand vehicle dealers. Searching CBS confirms whether the person or company holds the required licence and provides their registered address.

This is particularly useful for building disputes. If the contractor is not licensed when they should be, that fact strengthens your claim — unlicensed building work is a separate breach under the Building Work Contractors Act 1995.

How to Name the Defendant Correctly

Use the exact legal name from the ASIC register, not the name you remember from the invoice or the website. If the company ACN on the register does not match the ACN on the invoice, investigate further before filing — you may be dealing with a different entity.

What If You Cannot Find the Entity

If the business name search returns nothing — the registration has lapsed or the business was never registered — you may need to serve a letter of demand on the individual you dealt with personally. Check electoral rolls, property ownership records, or the address on any contracts or correspondence you hold.

The SA Minor Civil Claim Guide includes an entity verification worksheet that walks you through every search, with space to record the ACN, address, and registration status before you file.

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