.au Domain Administration Ltd (auDA) is the policy authority and industry self-regulatory body for the .au domain space. The .au Dispute Resolution Policy (auDRP) provides an alternative to litigation for the resolution of disputes in relation to the registration of .au domain names. CIArb (Australia) Limited is an auDA approved dispute resolution provider of the auDRP.

The auDRP commenced on 1 August 2002 to cover disputes relating to the registration of asn.au, com.au, id.au, net.au and org.au domain names. On 19 June 2003 the auDRP was extended to cover edu.au domain names.

A party may make a complaint about the registration of a .au domain name under the auDRP if:

• the domain name is identical or confusingly similar to a name, trademark or service mark in which the party has rights; and
• the registrant has no rights or legitimate interests in respect of the domain name; and
• the domain name has been registered or subsequently used in bad faith.

Under the auDRP a party may seek to have the domain name licence either cancelled or transferred to them.

auDRP matters are decided by either a single arbitrator or a panel of three arbitrators based on the written submissions of the parties. The fee for having a dispute heard by a single member panel is $2200 (including GST) and $4,950 (including GST) for a three member panel.

Prior to submitting a .au domain name dispute to the CIArb (Australia) Limited, you will need to:

• Determine whether or not the domain name is subject to the auDRP. This may be checked through the auDA website, www.auda.org.au.
• Review the auDRP (available at www.auda.org.au) and the Supplemental Rules

Please note, at the same time at which you submit your complaint to CIArb, you must also forward copies of the complaint to the registrant complained about and the Registrar of the domain name under the Complaint Transmittal Coversheet.

For further information in relation to the dispute resolution process please contact the CIArb (Australia) Limited on 02 9267 1513 or info@arbitrators.org.au.