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Business names

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.

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:

Relevant legislation

Details about reviewable decisions are available in:

List of Administrative Review Tribunal decisions about business names

Below is a list of recent decisions made by the ART in relation to business and company names.

List of recent decisions
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

Australian Appaloosa Association Limited and Australian Securities and Investments Commission [2019] AATA 2195

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

Alzheimer's Association of Queensland Inc and Australian Securities and Investments Commission [2018] AATA 2403

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

Hanlon and Assistant Treasurer [2015] AATA 1019

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

B & L Whittaker Pty Ltd and Australian Securities and Investments Commission and Anor [2014] AATA 302

Availability of business names that are 'identical' or 'nearly identical'

15 May 2014

G C Swinburne and F J McFarlane and Australian Securities and Investments Commission and Child Psychology Services Pty Ltd (Joined Party) [2014] AATA 602

Availability of business names that are 'identical' or 'nearly identical'

26 August 2014

Smith and Australian Securities and Investments Commission and Amee Donohoe trading as Central Coast Surf Academy (Joined Party) [2014] AATA 192

Availability of business names that are 'identical' or 'nearly identical'

7 April 2014