Domain Name Disputes

The auDRP (.au Dispute Resolution Policy) was adopted by the auDA Board on the 13 August 2001.

The purpose of the auDRP is to provide a less expensive, faster alternative to litigation for the resolution of disputes between the registrant of a .au domain name and a party with competing rights to the domain name.

LEADR is an approved independent provider that assists in the administrative proceedings in accordance with the auDRP.

Further information about the auDRP can be obtained from the Australian Domain Administrator (auDA) website >>.

Download a LEADR Domain Name Dispute Complaint Form >>

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.

Fees

Payment must accompany your application.

  • For a single panellist: $2200 (GST inclusive)
  • For a 3 member panel $4950 (GST inclusive)

*Note* Application fees for Domain Name Disputes have increased as part of the auDA's review of the auDRP.

These changes take effect on 1 March 2008. Click here for more information.

Requirements

The auDRP have requirements that must be met in order for your application to be compliant.

The LEADR Supplemental Rules must also be complied with and must be read in conjunction with the auDRP.

It is the responsibility of Applicants to ensure that you comply with all aspects of the required rules.

Download LEADR’s Supplemental Rules >>    
Download a LEADR Domain Name Dispute Complaint Form >>

Administratively the Application must comply with Schedule B, Paragraph 3 of the auDRP. This includes two compulsory statements that must be included in the application (Schedule B, 3 (xiv) of the auDRP). Please see the auDRP for details.

It is helpful to go methodically through each section of the rules and respond to each requirement.

The Process

1. Once an Application has been completed and lodged with LEADR, LEADR will assess its administrative compliance with the auDRP and the LEADR Supplemental Rules and will notify the Respondent of the complaint within 3 calendar days (please see Schedule B, 4 (a) auDRP).

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

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

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

5. When a single member panel is required, LEADR will appoint a panellist. To arrange a 3 member panel, please contact LEADR ph (02) 9251 3366 or via email: adjudication@leadr.com.au.

6. Once the panellist has received the matter, s/he will forward a decision to LEADR within 14 calendar days.

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

Panel Decisions

The following decisions have been made by LEADR Panelists under the auDA Scheme:

03/01   Tobacco.com.au and others

03/02   Gatekeeper.com.au  

03/03   Esat.com.au and others

03/04   Independent.com.au (Withdrawn)

03/05   Partymob.com.au 

03/06   Bluechip.com.au 

04/01   Launch.com.au (Withdrawn)

04/02   People.com.au

04/03   People.net.au

04/04   Abclearningcentres.com.au and Abclearningcenters.com

04/05   Quiznos.com.au

04/06   CamperTrailersWA.com.au

05/01   Ink-king.net.au

05/02   Netratings.com.au

05/03   13flowers.com.au

05/04   justcars.com.au

05/05   rnbsuperclub.com.au 

05/06   Flowersfast.com.au & fastflower.com.au

05/07   Premierfire.com.au & premierfire.net.au 

05/08   Justcarfinance.com.au

05/09   Aru.com.au

05/10   Sellbuyyourself.com.au & sellbyyourself.com.au  

05/11   Startcorp.com.au

05/12   hia.com.au

05/13   airtowel.com.au

06/01   jasham.com.au

06/02   migrationsolutions.com.au

06/03   partymob.com.au

06/04   meggles.com.au & meggles.net.au (Withdrawn)

06/05   flowersonly.com.au

06/06   newcars.com.au

06/07   spiegelau.com.au 

06/08   buyaustralian.com.au 

06/09   astonmartin.com.au

06/10   australianpenthouse.com.au 

06/11   pfd.com.au

06/12   medicare.com.au (Withdrawn)

06/13   freetv.com.au 

06/14   sydneynewyearseve.com.au

06/15   adjustit.com.au & adjustit.net.au

06/16   tinaarena.com.au (Withdrawn)

07/01   tinaarena.com.au

07/02   autronic.com.au

07/04   triplej.com.au

07/05   adhdaustralia.org.au

07/06   3mlittmann.com.au,littmannstethoscopes.com.au

07/08   princessyachts.com.au

07/09   ecohort.com.au

07/10   hmassydney.com.au

07/11   greenmobile.com.au

08/01   marinebusiness.com.au

08/02   oshkosh.com.au (Withdrawn)

08/03   merida.com.au & merida-bikes.com.au (Withdrawn)

08/04   freelife.com.au

08/05   iconrecruitment.com.au (Withdrawn)

08/06   justbikes.com.au

08/07   perthairport.com.au  

08/08   calvinklein.com.au

08/09   domuslift.com.au

08/10   sitecore.com.au & sitecore.net.au

08/11   perpetual.net.au

09/01   kiwkcopy.com.au (Withdrawn)

09/02   earthmove.net.au

09/03    engineer.com.au

09/04   fishingworld.com.au (Withdrawn)

09/05   allmedic.net.au

09/06   greenerydesign.com.au

09/07   victrip.com.au (Withdrawn)

09/08   heyheyitssaturday.net.au & heyheyitssaturday.com.au

09/09   firemax.com.au

09/10    invida.com.au & invida.net.au

09/11    sharp.com.au

10/01    mothercare.com.au

10/02    brivis.net.au

10/03    southernhighlandnews.com.au & southernhighlandsnews.com.au

10/04   sentral.com.au & sentral.net.au

10/05   australianflying.com.au

10/06   ozfax.com.au

10/07   eastcoastparkcabins.com.au

10/08   warnie.com.au & warney.com.au

10/09   webprofit.com.au

10/10   homevalleystation.com.au (Withdrawn)

10/11   kellysdistributors.com.au

10/12   converse.com.au

10/13   provisio.com.au

10/14   goodmanfielderbaking.com.au (pending)

10/15   sportingshooter.com.au (pending)

10/16   avanrv.com.au (pending)

(Current as at 26 July 2010)

LEADR Panellists

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

  Mr Anthony Alder B Tech (Biotech), LLB, Master of Intellectual Property, Graduate Diploma of Legal Practice, Registered Trade Marks Attorney, Registered NSW Supreme Court Solicitor
  Mr Philip Argy B.Comm, LLB, FACS
  Mr Gregory Burton SC BA (Hons), LLB (Hons), BCL
  Ms Sara Delpopolo Dip Law
  Mr Scott Ellis Bachelor of Laws, Bachelor of Jurisprudence, Master of Laws, Professional Certificate in Arbitration General and Advanced
  Ms Natalie Hickey BA. LLB (Hons), LLM
  Mr Jon Kenfield LLB (Hons), CPA
  Mr David Lieberman BA, LLB
  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 Scott Pettersson LLB, Grad Dip Legal Practice
  Mrs Jennifer Scott BA, Bachelor Legal Studies, Master of Laws, Master of Dispute Resolution, Undertaking Doctor of Juridicial Science 2006

 

Queries? Let us help

Contact us for more information or assistance.

Telephone: 02 9251 3366
Freecall: 1800 651 650
E-mail: leadr@leadr.com.au

 

Return to the top of this page

 

Home | About LEADR | Contact Us

Alternative Dispute Resolution | Find a mediator or other dispute resolution practitioner

Building Payment Disputes | Domain Name Disputes | GST Assessment Disputes

Training | Accreditation | Become a member |Conferences and events

Resources and tools | Hire mediation rooms

 

 

© LEADR 2006 | Disclaimer