WKNH and Australian Securities and Investments Commission

This matter concerned an application to the Administrative Appeals Tribunal for a review of a decision by the Australian Securities and Investments Commission (ASIC) to register the business name "Fruit Freaks Eastland". The applicant contended that the registered business name was likely to be offensive to members of the public, particularly those with disabilities.

The Tribunal was required to determine whether the registered business name "Fruit Freaks Eastland" was likely to offend members of the public or a section of the public, rendering it an undesirable name for registration under the relevant legislation. The applicant's claim was specifically directed at the word "Freaks" and its potential to cause offence, particularly in the context of disability.

The Tribunal considered the evidence presented by the applicant and a witness. It noted that the applicant's complaint focused on the signage and caricatures associated with the retail store, rather than solely the registered business name itself. The Tribunal found the evidence of the witness to be confusing and inconsistent, particularly regarding her awareness of the sign and her subsequent finding of offence. Crucially, the Tribunal concluded that there was insufficient evidence to establish that the registered business name, "Fruit Freaks Eastland," was likely to offend members of the public or any section of the public.

Consequently, the Tribunal found that the business name was not undesirable and therefore available for registration. The Tribunal affirmed ASIC's decision to register the business name "Fruit Freaks Eastland," finding that the decision made on 31 August 2017 was correct.