.au Dispute Resolution Policy

1.1 This document sets out the .au Dispute Resolution Policy (auDRP), first adopted by the auDA Board on 13 August 2001, on the recommendation of auDA's Dispute Resolution Working Group. The auDRP and auDRP Rules are at Schedules A and B of this document.

1.2 The purpose of the auDRP is to provide a cheaper, speedier alternative to litigation for the resolution of disputes between the registrant of a .au domain name and a party with competing rights in the domain name.

1.3 The auDRP is an adaptation of the Uniform Dispute Resolution Policy (UDRP) administered by the Internet Corporation for Assigned Names and Numbers (ICANN) with respect to the global Top Level Domains (gTLDs). The auDRP differs from the UDRP in two main respects:

a) to take account of the policy rules that apply to .au domain names, that do not apply to gTLD domain names; and

b) to improve the clarity of expression and address practical constraints that have become apparent since arbitrations under the UDRP began in 1999.

1.4 Please Note: Some parts of the auDRP are substantively different from the UDRP. Prospective complainants should not assume that principles derived from UDRP decisions will be applicable to auDRP disputes. For an explanation of the differences between the auDRP and the UDRP, see the report of the Dispute Resolution Working Group at http://www.auda.org.au/policy/....

2.1 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.

2.2 The auDRP does not apply to all types of domain name disputes. It only applies to disputes which meet the requirements set out in Paragraph 4(a) of the auDRP at Schedule A of this document.

2.3 The auDRP is an alternative dispute resolution mechanism. Complainants are not obliged to use the auDRP but may instead choose to pursue other means of resolving their dispute, such as litigation. Commencement of an administrative proceeding under the auDRP does not prevent either party from initiating legal proceedings at any time.

3.1 Each auDRP proceeding is administered by an independent, auDA-approved Provider of dispute resolution services. A list of approved Providers is available on auDA's website at http://www.auda.org.au/policy/.... Each Provider must publish on its website a list of its Panellists and its Supplemental Rules.

3.2 Each Provider is wholly responsible for the appointment of its Panellists according to its own accreditation procedures. Individual Panellists are not approved or accredited by auDA, and auDA does not manage or supervise their activities in any way. Any queries or complaints about a Panellist should be directed to the relevant Provider in the first instance.