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WA How Do I Find Company Name for Court Documents?

Discussion in 'Australian Consumer Law Forum' started by Ash, 20 November 2014.

  1. Ash

    Ash Well-Known Member

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    I was wondering if someone could provide some guidance on how to determine the company name (legal entity) and ABN which is placed on the court documents.

    On the invoice is the business name (Alessandrino Scivolo) and ABN (59 668 108 858) however these details not match the ABR (Australian Business Register).

    When searching for the ABN the entity name which appears on the ABN Lookup facility is "The trustee for ASPL Trading Trust".

    When I conduct a search on Alessandrino Scivolo the search brings up a registered company (Alessandrino Scivolo Pty Ltd) which has an ABN of 65 009 254 291.

    To complicate matters a little more the bank account details at the bottom of the invoice (payment slip) has the name ASPL Pty Ltd which, when I search the register, has an ABN of 55 119 012 038.

    I also have a letter which has in the footer ASPL Pty Ltd ATF The ASPL Trading Trust ABN 59 668 108 858.
     
  2. Sarah J

    Sarah J Well-Known Member

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    Is this the company: http://www.aspl.com.au/about.html? It appears they have been either bought out or changed their name from Alessandrino Scivolo to ROCG Stirling. As they are a member of CPA, is it possible to call them up and enquire as to which ABN they are registered under?

    Are you able to call up the ABR and enquire as to what happened with ABN 59 668 108 858 (original ABN provided on the invoice)?

    Generally, you would sue the direct company you have dealt with. If they are wound up or do not have much money, you can try and go after their parent company/trust. If they are bought out or merged, you will be including the new business name/ABN as the party but explain to court that they used to operate under a different number and ABN.
     
  3. Ash

    Ash Well-Known Member

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    CPA still has it listed as Alessandrino Scivolo

    https://www.cpaaustralia.com.au/Acc...ccountId=ad80bd7e-1288-e011-87e1-005056b30007

    ROCG Stirling is a business name, registered in June 2014, which has the holder as ASPL Pty Ltd ABN 55 119 012 038.

    However I have received a letter from ROCG Stirling and on the right has the name Alessandrino Scivolo with the ABN 59 668 108 858. According to the ABR the ABN is still active.

    It seems ridiculously that when dealing with an accountant it is so difficult to work out the legal entity and the ABN you are dealing with. Of all the types of companies they should be able to get it right and comply with their legal requirements.

    I have been to court once and used the business name of Alessandrino Scivolo with the ABN 55 668 108 858 and was advised this was not a legal entity and only the business name. The magistrate advised I could not sue a business name.

    I received a letter of demand for the fees outstanding. In response an email was sent to the pratice manager asking for the company detail (legal entity) and ABN however did not receive a response.

    What other methods can I use to ensure that the correct company name (legal entity) I use is the correct one on the court documents?
     
  4. Sarah J

    Sarah J Well-Known Member

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    Hi Ash,

    The court is correct. You can only either sue an individual person (i.e. the account him or herself) or a company (usually has Ltd. at the end). Are you sure the business is a company? It could be a partnership or run by a sole proprietor. Are you suing the business altogether or will it suffice to sue the accountant whom you dealt with?

    Of course, I am unfamiliar with your case, but have you tried complaining to the CPA? It it is to do with fees or negligent/improper advice, the CPA may be able to assist you in seeking a resolution with the accountant/business.
     
  5. Sarah J

    Sarah J Well-Known Member

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    Further, have you tried ASIC? They have a database on companies registered in Australia. If the business does not have an ACN, perhaps they are not a company (as in they have not incorporated in Australia) and therefore, cannot be sued as a separate legal entity.
     
  6. Ash

    Ash Well-Known Member

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    Thank you for your response. In response to your questions:
    is the business a company? Yes as per my original posting. All this information is on ASIC & ABR. It is not a sole proprietary.

    Are you suing the business? I assume you mean company here. It was poor service provided by employees of the company so cannot see suing the accountant will work.

    Complaining to the CPA? They do not investigate fee issues and do not have the power to provide the solution I am seeking. Refund of original fees charged and reversal of extra fees.

    Have I tried ASIC? If you have a look at my original posting you will see all the information is sourced from either ASIC or ABR.

    How can this be so hard? Surely in Australia it should be easy to determine the company (legal entity) you are dealing with?

    Is there a way to subpoena the accounting firm to disclose this information? If so how do I go about this?

    I don't want to put the wrong company name and have it thrown out again.
     
  7. Ash

    Ash Well-Known Member

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    Have just searched the subpoena would be the district court? I require the company and ACN information in order to take legal action in the Magistrates Court. Is it possible to issue a subpoena without having commenced the original court case.
     
  8. Rod

    Rod Well-Known Member

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    Use the money trail to track the real owner. Whose name is the bank account in that you paid into? Who did you write the cheque out to? Use that name on court documents.

    The owner of that bank account is the entity that has your money and can be sued.
     
  9. Ash

    Ash Well-Known Member

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    Thank you for this. ASPL pty ltd is on the payment slip and entity that owns the new business name.
     

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