The auDRP process

When lodging a dispute, the complainant may seek one of the following outcomes:

• Have the disputed .au domain name licence(s) cancelled, in which case the .au domain name(s) will become available for registration by another eligible member of the public; or

• Have the disputed .au domain name licence(s) transferred to the complainant. In this case, the complainant must be eligible to hold the .au domain name licence(s), otherwise the transfer cannot proceed.

Disputes are determined by a panel of one or three members. All panellists are independent arbitrators and legal practitioners appointed by the auDRP provider managing the dispute.

As part of the application, the complainant must choose to have the dispute heard by a panel of either one or three panellists.

If the complainant chooses a one-member panel, the respondent has the opportunity to elect to have the dispute heard by a three-member panel.

Complainant fees start at $2,000 and depend on the number of .au domain name licences subject to the dispute and whether an administrative panel of one or three members is selected.

Where a complainant has chosen a one-member panel and the respondent chooses a three-member panel, the two parties must each pay half of the auDRP fee.

Complainants must substantiate their claim to the .au domain name licence subject to the dispute.

The complainant must show:

• The registrant’s .au domain name licence is identical or confusingly similar to a company, business or personal name, trade mark or service mark that they have rights to; and

• The registrant has no rights or legitimate interests in respect of the .au domain name licence; and

• The .au domain name licence has been registered or subsequently used in bad faith.

The auDRP provides guidance on what information can be used to meet these criteria.

The registrant will be notified of the auDRP claim by the panel and provided with an opportunity to respond to the issues raised by the complainant.

The panel will consider submissions from both parties and provide their decision, with reasons, in writing. Decisions are binding on both parties.

If either party is unhappy with the outcome, they have the option of taking legal action. The parties have 10 days from the date of the panel’s decision to start legal proceedings. If legal proceedings are not lodged within this time, the panel’s decision will be implemented.