If you are unhappy with the outcome of in an internal review of a complaint you have the right apply to have that decision reviewed by the Licence Review Panel.
The role of Licence Review panel is to assess whether auDA has correctly applied the .au licensing rules in an internal review of a complaint.
Who can apply for an external review
To apply for an external review you must have first exhausted the auDA complaints process:
- Initial complaint to registrar
- Review of a registrar’s decision by auDA
- Internal review of auDA’s decision
Anyone affected by a decision made by auDA in an internal review of a complaint can apply for an external review of that decision.
Applying for an external review
Applications for an external review of an auDA decision can be submitted via our general enquiries form.
To be valid, an application for an external review must:
- be lodged within 10 calendar days of receiving the decision of an internal review of an auDA decision under 3.7 of the .au Licensing Rules; and
- include all the information specified in 3.8 of .au Licensing Rules.
auDA will acknowledge it has received an application for an external review within seven calendar days.
There is a fee to lodge an application to the Licence Review Panel which is split evenly between auDA and the applicant. The fee goes to the Licence Review Panel member who is assigned to review the decision.
External review fees (as of 12 April 2021)
1-5 domain name licences: AUD$2,200 inc. GST (applicant pays $1,100 inc. GST)
Additional domain name licences: AUD$330 inc. GST per additional domain name licence
(applicant pays AUD$165 inc. GST per additional domain name licence).
The fee must be paid within three days of auDA acknowledging it has received your application for an external review.
Where a decision affects multiple domain name licences, you can choose to have the LRP review the decision in regards to all or some of the relevant domain name licences.
Who will review your application
Valid applications are assigned to a Licence Review Panel member (listed below) on a rotational basis.
Licence Review Panel decisions
Once appointed, the panel member is required to make a decision within 10 days of being appointed and they may affirm auDA's decision, set it aside and make its own decision, or refer it back to auDA for reconsideration.
Panellists are required to provide the applicant and auDA written reasons for their decision.
It's important to note that the Licence Review Panel can only review a decision based on the material provided at the time, and cannot take into consideration any material not previously provided to auDA as part of the complaints process.
Licence Review Panel members
Members of the licence review panel are appointed by the auDA board for a period of up to three years. Panel members cannot be employees, directors or consultants to auDA or a registrar.
Phillip Davies (Chair) is a lawyer with over 30 years’ experience, including 24 years at King Wood Mallesons, 13 of which as a partner. He has worked in intellectual property law, as a member of several professional tribunals, and holds extensive executive management and corporate governance experience. Presently, Mr Davies is a member of four tribunals including the Building Appeals Board and the Disciplinary Appeals Board, and is the national Tolling Customer Ombudsman.
Bernadette Day is a solicitor who has operated her own practice for over 13 years. She has served on the South Australia Civil and Administrative Tribunal as a presiding member as well as on several Boards. Prior to private practice, Ms Day was a legal officer for the Commonwealth Department of Immigration and at the Australian Communications and Media Authority, where she provided legal advice regarding radiocommunications, telecommunications and the Internet.
Angela Flannery is currently a partner at Holding Redlich, specialising in technology, media and telecommunications. Ms Flannery has more than 20 years’ experience in both private practice and in the Commonwealth Government, having previously been First Assistant Secretary and General Counsel within the Commonwealth Department of Communications and the Arts.
Melissa Marcus is a barrister specialising in intellectual property and defamation law. Ms Marcus has also acted as an independent auditor in relation to undertakings to the Australian Competition and Consumer Commission (ACCC) and has represented clients in Royal Commissions. Prior to joining the Bar, she worked for many years at Mallesons Stephen Jaques, managing their Trade Marks Group and at Linklaters in London.
Andrew Sykes is a barrister with a dedicated practice in intellectual property and information technology, including issues of branding (trade mark law, domain names and passing off). Mr Sykes is an arbitrator with the Asian Domain Name Dispute Resolution Centre and the Czech Arbitration Court in Prague. He also is the author of Australian Trade Mark Opposition Law (2nd ed.) and co-author of “Trade Marks and the Internet” in Lahore’s Patents, Trade Marks & Related Rights.