Domain name disputes in Australia

What type of dispute is covered?

Disputes between the registrant of a .au domain name and a party with competing rights in that domain name.

You can lodge a complaint where:

  1. A domain name is identical or confusingly similar to a name trademark or service mark in which you have rights.
  2. The registrant has no rights or legitimate interests in respect of the domain name.  
  3. The domain name has been registered or subsequently used in bad faith.

The .au Dispute Resolution Policy (‘.auDRP’) provides an inexpensive and faster alternative to litigation for the resolution of those disputes.

Resolution Institute is the only Australian based provider approved by .au Domain Administration (auDA) to administer auDRP disputes, making us the ideal choice for managing .au disputes locally.

The auDRP is an adaptation of the Uniform Dispute Resolution Policy (UDRP) that applies to disputes involving generic Top Level Domains (gTLDs) ie those domain names with no country code at the end. To see which domain names are subject to the auDRP, please see the Application of the auDRP section in the menu below.

Domain name licensing rules

If you’d like more information about how domain names are currently licensed in Australia, you can click on the tab below:

auDA Domain Administration Rules

Application of the auDRP

All domain name licences issued or renewed for all Namespaces from 1 August 2002 are subject to a mandatory administrative proceeding under the auDRP.

Namespace means:

.au, com.au, net.au, org.au, asn.au, id.au, edu.au, qld.edu.au, nsw.edu.au, eq.edu.au, act.edu.au, vic.edu.au, sa.edu.au, wa.edu.au, nt.edu.au, catholic.edu.au, schools.nsw.edu.au, education.tas.edu.au, tas.edu.au, sa.au, wa.au, nt.au, qld.au, nsw.au, vic.au, tas.au and act.au or as varied from time to time by auDA.

Overview of the Process for Challenging the Right to Hold a Domain Name in Australia 

 
  1. You can lodge your complaint and submissions and pay the relevant administrative fee using the links below.
  2. Resolution Institute will assess your complaint to ensure it complies with the auDRP, auDA's Rules and Resolution Institute's Supplemental Rules 
  3. If there are any deficiencies in your complaint, Resolution Institute will notify you and you will have five calendar days to rectify this. However, please note that under the auDRP, if you’re not able to respond in this timeframe, the complaint will be deemed to be withdrawn without prejudice and can be re-submitted at a later time.
  4. Once your complaint is complete and the fee has been paid, Resolution Institute will commence the dispute resolution process. The disputed domain name will be ‘frozen’ until a decision has been reached.
  5. Resolution Institute will notify the registrant of the domain name of the complaint and the registrant will have 20 calendar days from this date to lodge a response.
  6. Resolution Institute will then appoint a panel to decide the complaint. You can elect to have the matter decided by a single member or three member panel in your complaint. If you elect a single member panel, the registrant will have the option to elect to have the dispute decided by a three member Panel in its response.
  7. The Panel will have 14 calendar days to reach and provide a written decision. Once the Panel has reached a decision, Resolution Institute will forward it to both parties, the Registrar and auDA.
  8. If the complaint is dismissed the domain name will be unlocked and returned to the respondent. If the complaint is upheld and the domain name is to be cancelled or transferred, the Registrar of the domain name will implement the decision.

Panel decisions under the auDRP are binding on both parties. If an unsuccessful party is not happy with the Panel’s decision, they may still initiate legal proceedings.

For more detailed information on how to file an application under the auDRP and what you should include with your complaint, click here 

To lodge a complaint, please complete the application form found here:  

Lodge a complaint

Please submit your application by email to [email protected] and then proceed to payment.

Submit your Payment

Resolution Institute Panellists

We have the most experienced domain name panellists who can assist in all types of disputes.

If you have selected a single member Panel, Resolution Institute will select a panellist to decide your complaint. However, if either party elects to have the dispute decided by a three-member Panel, each party may suggest three panellists. Resolution Institute will attempt to appoint one panellist from the list of candidates provided by each party, if they are eligible and available, with the third panellist to be appointed by us.

If you’d like more details about any of our panellists listed below, you can click here to use our dispute resolver search directory.

 

Resolution Institute auDRP Panellists

Mr Philip Argy

B.Com, LLB, FACS FRI Arb1 NMAS

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 Scott Ellis

Bachelor of Laws, Bachelor of Jurisprudence, Master of Laws, Professional Certificate in Arbitration General and Advanced

Mr Jon Kenfield

LLB (Hons), CPA

Mr David Levin KC

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 KC

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 Andrew Robertson

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

Ms Jennifer Scott

BA, Bachelor Legal Studies, Master of Laws, Master of Dispute Resolution, Undertaking Doctor of Juridicial Science 2006

Fees

Payment must accompany your complaint. 

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 auDRP

auDA Decision Archive