Resolving disputes

Domain name disputes in Australia

auDA

auDA is the policy authority and industry self-regulatory body for .au domain names. auDA has established a dispute resolution policy to provide a less expensive and faster alternative to litigation for disputes about domain names. (The auDRP is an adaptation of the Uniform Dispute Resolution Policy (UDRP) administered by ICANN with respect to the global Top Level Domains (gTLDs).)

Resolution Institute​ is an approved independent provider of dispute resolution services in accordance with the auDRP.

Overview of the process

Once an Application has been completed and lodged with Resolution Institute​, Resolution Institute​ will assess the application's administrative compliance with the auDRP and the Resolution Institute​ Supplemental Rules and will notify the Respondent of the complaint within 3 calendar days (please see Schedule B, 4 (a) auDRP).

If the Application is found to not be compliant with the auDRP and/or the Supplemental Rules, Resolution Institute​ will notify the Complainant. The Complainant will have 5 calendar days to amend the application (please see Schedule B, 4(b) auDRP).

Resolution Institute​ will notify the Respondent of the Complaint. This will be the commencement of administrative proceedings. Resolution Institute​ will notify both parties, the concerned registrar(s) and auDA of the date of commencement.

The Respondent has 20 calendar days from the date of commencement of administrative proceedings to lodge a response to the Complaint.

When a single member panel is required, Resolution Institute​ will appoint a panellist. To arrange a 3 member panel, please contact Resolution Institute​.

14 calendar days after receiving the matter, the panelist(s) will forward a decision to Resolution Institute​

Resolution Institute​ will release the decision to both parties, the concerned registrar(s) and auDA within 3 calendar days of receiving the panellist’s decision.


Application

Before you begin your application:

Check when the domain name licence was issued. Domain name licences that were issued or renewed in the open 2-Level-Domains are subject to a mandatory administrative proceeding under the auDRP.

Any Domain Names isssued before 1 August 2002 are not subject to mandatory administrative proceedings under the auDRP:

  • Until the domain name licence is renewed
  • Unless the registrant voluntarily elects to be bound by the auDRP before the domain name licence is renewed

auDA policy (PDF)

Domain Name Dispute Application Form (DOC)

Resolution Institute Supplemental Rules (PDF)


Response

The Respondent has 20 calendar days from the date of commencement of administrative proceedings to lodge a response to the Complaint. Respondents will be provided with a copy of the complaint and should take care to familiarise themselves with the auDA policy and Resolution Institute supplementary rules before responding to the complaint.

Copies of the response should be sent to the Complainant and to the approved provider assisting in the administrative proceedings.


Resolution Institute Panellists

Please note that an Applicant under the auDRP scheme cannot request a particular panellist.

Resolution Institute auDA panelists
Mr Philip Argy B.Comm, LLB, FACS
Mr Gregory Burton SC BA (Hons), LLB (Hons), BCL
Dr Andrew Christie Ph.D., LL.M., LL.B. (Hons), B.Sc. Solicitor, Trade Marks Attorney, NMAS-accredited Mediator, Arbitrator.
Mr Alan Chuck BE (Hons), CIArb, Consulting Civil Engineer, Chartered Arbitrator, Adjudicator
Mr Scott Ellis Bachelor of Laws, Bachelor of Jurisprudence, Master of Laws, Professional Certificate in Arbitration General and Advanced
Mr Robert Hunt LLM, DipLaws, BSc(Eng), MIEAust, LFIAMA, FCIARrb, FACICA, CPEng(Ret), Grade 1 and Chartered Arbitrator, Court-appointed Referee Barrister, Mediator, Adjudicator and Expert Appraiser.
Mr Jon Kenfield LLB (Hons), CPA
Mr David Levin QC M.A. (Cantab), Barrister, Expert, Grade 1 Arbitrator, Mediator and Referee.
Mr Steve Lieblich BE (Hons), MSc, FIEAust, CPEng, GAICD, MIAMA. Consultant in business development, contracts and commercial management, relationship management and dispute resolution, including mediation, arbitration, expert determination and adjudication.
Mr Alan Limbury MA, MDR, Spec.Acc.Med. (Law Soc.NSW)
Mr Dennis Liner B.Juris, LLB
Mr John McDermott BA, LLB
Mr John McGruther Solicitor of the Supreme Courts of NSW, VIC, QLD, England & Wales
Ms Rowena McNally LLB
Mr Albert Monichino QC BEc, LLB (Hons) (Monash); LLM (Cambridge); Grad Dip Intell Prop Law. Albert practices as a Barrister, Arbitrator,and Mediator. Appointed Senior Counsel in 2010, he has over 25 years of experience in commercial dispute resolution. He is a Chartered Arbitrator and is accredited as an advanced mediator.
Mr Scott Pettersson LLB, Grad Dip Legal Practice
Mr Andrew Robertson

B Ec, LLB (Hons), GCLP, B Comm, Masters in Construction Law, FCPA, FCIArb, FIAMA, FRI, FACICA

Ms Christine Runnegar
Ms Jennifer Scott BA, Bachelor Legal Studies, Master of Laws, Master of Dispute Resolution, Undertaking Doctor of Juridicial Science 2006
Mr Michael Sweeney

Fees

Payment must accompany your application.

For a single member Panel

Number of Disputed Domain Names

Fee (AU$)

1-5

$2,000 plus GST of $200 (total $2,200)

6-10

$2,700 plus GST of $270 (total $2,970)

More than 10

To be decided in consultation with Resolution Institute

For a three member Panel

Number of Disputed Domain Names

Fee (AU$)

1-5

$4,500 plus GST of $450 (total $4,950)

6-10

$5,700 plus GST of $570 (total $6,270)

More than 10

To be decided in consultation with Resolution Institute


Decision archive

View previous decisions made by Panellists under the auDA Scheme.

auDA decision archive