Corporate and M&A

Contact: Tony Stumm,  Carter Newell (Queensland, Australia)

Introduction

Just when we thought we knew how business names registration worked in Australia, the Federal Government changed the system with the introduction of the ‘Business Names Registration (Availability of Names) Determination 2015’ (New Rules) on 14 July 2015. The New Rules reflect the ability of the Minister to make rules under the Business Names Registration Act 2011 (Cth). The Explanatory Memorandum accompanying the New Rules does not refer to any reasons to justify the New Rules. However, it makes sense to ensure that the existing criteria against having identical names or nearly identical names is supported.

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