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:

A domain name is identical or confusingly similar to a name trademark or service mark in which you have rights.
The registrant has no rights or legitimate interests in respect of the domain name.
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.

Domain names licensed after 12 April 2021

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

Domain names licensed after 12 April 2021

Lodge a complaint with accompanied administrative fee.
Resolution Institute assesses the complaint to ensure compliance with the auDRP, auDA's Rules and Resolution Institute's Supplemental Rules
Complainant will have five working days to rectify any deficiency in complaint and relodge.
Resolution Institute will commence the dispute resolution process and the disputed domain name will be ‘frozen’ until a decision has been reached.
The respondent has 20 calendar days from commencement date to lodge a response.
Resolution Institute will then appoint a Panel (can be one or more members). The Panel has 14 calendar days to reach and provide a written decision.
If the complaint is dismissed the domain name will be unlocked and returned to the respondent.
Panel decisions under the auDRP are binding on both parties.
If the unsuccessful party is not happy with the Panel’s decision, they may initiate legal proceedings.

For detailed information on how to file an application under the auDRP Click here

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

Lodge a complaint (PDF)Lodge a complaint (DOC)

Please submit your application and then proceed to payment

Application Form Submit your Payment Access the auDA policy here

Resolution Institute Panellists

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

In our role as a provider, we will appoint a panellists for a single-member Panel. If a three-member Panel is requested by either party, each party can suggest three panellists and we will endeavor to include at least one nominated panellist from each party's list (if those panellists are eligible and available). The third panellist will be appointed by us.

Resolution Institute auDRP Panellists
Mr Philip Argy	B.Com, LLB, FACS FRI Arb1 NMAS
Mr Neil Brown KC	LLB Member of the Victorian Bar KC FCI Arrb
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 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 Christine Runnegar	Bachelor of Laws (Honours), Bachelor of Economics, Barrister and Solicitor of the Supreme Court of ACT, Registered as Barrister on the Register of Practitioners of the High Court of Australia.
Ms Jennifer Scott	BA, Bachelor Legal Studies, Master of Laws, Master of Dispute Resolution, Undertaking Doctor of Juridicial Science 2006
Mr Michael Sweeney	LLB (Melb.) Barrister, Arbitrator, and Mediator, Victorian Bar. World Intellectual Property Organisation (WIPO) Panel Member. Grade 1 Arbitrator and Fellow, Resolution Institute. Fellow and Chartered Arbitrator, Chartered Institute of Arbitrators. Experienced in domain name dispute resolution, including AuDA domain.

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 Decisions Archive