Ask for a review of a decision about a business name registration
If you disagree with a decision ASIC makes about a business name registration, you may be able to ask us to review it.
When you can ask for a review
You can ask for a review of a business names decision if:
- the decision is a ‘reviewable decision’
- you are someone who can ask for a review
- you ask for a review in time.
Decisions you can ask ASIC to review
There are laws about which decisions ASIC can review. These 'reviewable decisions' include:
- registration of a business name
- refusing an application to register a business name
- cancellation of a business name registration.
Decisions you cannot ask ASIC to review
If you want a review of a decision about consent to use an undesirable business names, you will need to ask the relevant minister. If you want to ask for a review of the minister’s review, you can apply to the Administrative Review Tribunal.
Decisions about consent to use a business name that includes restricted words and expressions are not reviewable under the Business Names Registration Act 2011.
Who can ask for a review
Only certain people and entities can ask for a review. This includes:
- the person or entity applying for the business name
- the business name holder
- a person or entity that may be negatively affected by a business name being registered.
Timelines
Most applications for a review must be lodged within 28 days after you were notified of the decision.
If you have been negatively affected by a decision to register a business name, you must lodge your application for a review within 15 months after the day the business name was registered.
Before you start
You can lodge your request on ASIC Connect. You will need to create an account if you don’t have one already. Find out how to do this:
ASIC Connect information for business name holders
Steps to ask ASIC to review a business names decision
Log in to your account
- Log in to ASIC Connect.
- If you created an ASIC Connect account and are logging in for the first time, select ‘No’ and go to step 2.
Start transaction
- Select the ‘Lodgements & Notifications’ tab.
- Go to ‘Other notifications’ and select ‘Show’. Then select the ‘Other notifications’ button.
- Select ‘Business name’ as a business type and then select ‘Request a review of an ASIC decision’ as the notification type from the drop-down menu.
- Select 'Next'.
Make the request
- Enter your details and select ‘Next’ to continue.
- In your request, you must include:
- the business name
- the type of decision you are asking ASIC to review
- the reasons for your request in less than 250 characters.
Review and confirm
Review your application. Make sure the information shown is correct before you select 'Submit'.
Declare and submit
Read the declaration to make sure you agree with it. Select the ‘Next’ button to confirm your request.
Next steps
We will review your request. We may contact you if we need more information.
Appealing a decision
If you still disagree with our decision, you may apply to the Administrative Review Tribunal (ART) to review it. For more information on applying to the ART, see:
Information Sheet 9 ASIC decisions: Your rights (INFO 9).
Administrative Review Tribunal decisions
Below is a list of recent decisions made by the ART in relation to business and company names.
List of ART decisions about business names and company names
| Matter | Matter description | Date of decision |
|---|---|---|
|
Ellis and Australian Securities and Investments Commission [2019] AATA 2346 |
Refusal of Ministerial Consent to use the restricted word 'trustee' in a company name | 2 August 2019 |
| Availability of business names that are 'identical' or 'nearly identical' to a registered company name | 25 July 2019 | |
|
TMeffect Pty Limited and Australian Prudential Regulation Authority [2019] AATA 459 |
Use of restricted word in relation to a financial business |
21 March 2019 |
|
Hazeldine and Australian Securities and Investments Commission [2019] AATA 366 |
Availability of business names that are 'identical' or 'nearly identical' |
12 March 2019 |
|
Decorative Imaging Pty Limited and Australian Securities and Investment Commission [2018] AATA 4668 |
Availablity of business names that are 'identical' or 'nearly identical' |
21 December 2018 |
|
Perth Martial Arts Academy and Australian Securities and Investments Commission [2018] AATA 3664 |
Availablity of business names that are 'identical' or 'nearly identical' |
2 October 2018 |
|
Cavalry Investments Pty Ltd and Minister for Revenue and Financial Services [2018] AATA 3433 |
Whether the proposed name is undesirable and likely to offend |
12 September 2018 |
|
Whether discretion is available to ASIC to refuse to transfer and register the business name |
20 July 2018 |
|
|
WKNH and Australian Securities and Investments Commission [2018] AATA 1325 |
Whether the proposed name is undesirable and likely to offend |
22 May 2018 |
|
Whether the proposed name is undesirable and likely to offend |
23 December 2015 |
|
|
Boyce and Australian Securities and Investments Commission [2015] AATA 768 |
Availability of business names that are 'identical' or 'nearly identical' |
30 September 2015 |
|
Stasiw and Australian Securities and Investments Commission and Anor [2015] AATA 328 |
Availability of business names that are 'identical' or 'nearly identical' |
15 May 2015 |
|
Availability of business names that are 'identical' or 'nearly identical' |
15 May 2014 |
|
|
Availability of business names that are 'identical' or 'nearly identical' |
26 August 2014 |
|
|
Availability of business names that are 'identical' or 'nearly identical' |
7 April 2014 |
Relevant legislation
Details about reviewable decisions are available in:
- Section 56 of the Business Names Registration Act 2011
- Section 27 of Schedule 1 to the Business Names Registration (Transitional and Consequential Provisions) Act 2011.