Australian Appaloosa Association Ltd and Australian Securities & Investments Commission

The Australian Appaloosa Association Ltd (the Applicant) sought review of decisions by the Australian Securities & Investments Commission (ASIC) to register the business names 'Appaloosa Australia' and 'Appaloosa Association of Australia'. The Applicant contended that these names were identical or nearly identical to its own company name, 'Australian Appaloosa Association Ltd', and that their registration would cause consumer confusion and detriment. The matter was heard by the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the proposed business names were "identical or nearly identical" to the Applicant's existing company name, as contemplated by the Business Names Registration Act 2011 (Cth) (BNR Act). The Applicant argued that ASIC should have exercised discretion to refuse registration based on potential misleading conduct and consumer confusion, submitting that the BNR Act intended to prevent such outcomes.

The Tribunal reasoned that the BNR Act establishes a complete, prescriptive code for business name registration, intended to operate objectively and uniformly through a computer-driven system. It found that ASIC has no discretion to refuse registration once a name is determined to be available by ASIC's programmed system rules, provided other legislative requirements are met. The Tribunal noted that the programmed rules assessed the proposed names and determined they were not identical or nearly identical to the Applicant's company name, resulting in a "green" availability result.

Consequently, the Tribunal affirmed ASIC's decisions to register the business names, finding that each was available for registration within the meaning of section 24(1)(c) of the BNR Act.