.au Domain Name Disputes

Download Supplemental Rules document (PDF format, 77)

Download IAMA Nominated Panel lists document (Word format, 44)

IAMA is registered as a provider of dispute resolution services by auDA, the organisation which administers the "au" domain name. These supplemental rules are provided as a guide to those using this service.

Further information about auDA and the policy framework under which these rules are formulated can be obtained from: www.auda.org.au/policy/audrp/

If you would like to use our services in this area please call us on 03 9607 6908.

Supplemental Rules to the au Dispute Resolution Policy

(The “Supplemental Rules” and “Rules”) - Annexure I

1.Scope

Relationship to Rules.

These Supplemental Rules are to be read and used in connection with the au Dispute Resolution Policy.

(b) Version of Supplemental Rules.

The version of these Supplemental Rules as in effect on the date of the submission of the complaint shall apply to the administrative proceeding commenced thereby.

2.Definitions

Any term defined in the Rules shall have the same meaning in these Supplemental Rules.

3.Communications

(a) Modalities

Subject to Paragraphs 3(b) and 5(b) of the Rules, except where otherwise agreed beforehand with the IAMA, any submission that may or is required to be made to IAMA or to an Administrative Panel pursuant to these Rules, may be made:

(b) E-Mail Address

For the purposes of any communications by electronic mail to the Center, including those required under Paragraphs 3(b) and 5(b) of the Rules, the following address should be used: national@iama.org.au.

(c) Copies

When a paper submission is to be made to IAMA by a Party, it shall be submitted in four (4) sets together with the original of such submission.

(d) Archive

IAMA shall maintain an archive of all communications received or required to be made under the Rules.

4. Registrar Notification

The Complainant shall provide a copy of the complaint to the Registrar at the same time as it submits its complaint to IAMA.

5. Formalities Compliance Review

(a) Deficiency Notification

IAMA shall, within five (5) calendar days of receiving the complaint, review the complaint for compliance with the formal requirements of the Policy, Rules and Supplemental Rules and notify the Complainant and Respondent of any deficiencies therein.

(b) Withdrawal

If the Complainant fails to remedy any deficiencies identified by IAMA within the time period provided for in Paragraph 4 of the Rules (i.e., five (5) calendar days), IAMA shall notify the Complainant, the Respondent and the Registrar of the deemed withdrawal of the complaint.

(c) Fee Refunds

Unless the Complainant confirms its intention to re-submit a complaint to the IAMA following a deemed withdrawal, IAMA shall refund the fee paid by the Complainant pursuant to Paragraph 19 of the Rules, less a processing fee as set forth in Annexure A.

6. Appointment of Case Administrator

(a) Notification

IAMA shall advise the Parties of the name and contact details of a member of its staff who shall be the Case Administrator and who shall be responsible for all administrative matters relating to the dispute and communications to the Administrative Panel.

(b) Responsibilities

The Case Administrator may provide administrative assistance to the Administrative Panel or a Panelist, but shall have no authority to decide matters of a substantive nature concerning the dispute.

7. Panelist Appointment Procedures

(a) Party Candidates.

Where a Party is required to submit the names of three (3) candidates for consideration for appointment by IAMA as a Panelist (i.e., in accordance with paragraphs 3(b)(iv), 5(b)(v) and 6(d) of the Rules), that Party shall provide the names and contact details of its three candidates in the order of its preference. In appointing a Panelist, IAMA shall, subject to availability, respect the order of preference indicated by a Party.

(b) Presiding Panelist

(c) Respondent Default

Where the Respondent does not submit a response or does not submit the payment provided for in Paragraph 5(c) of the Rules by the deadline specified by IAMA, the IAMA shall proceed to appoint the Administrative Panel, as follows:

8. Declaration

In accordance with Paragraph 7 of the Rules, prior to appointment as a Panelist, a candidate shall be required to submit to IAMA a Declaration of Independence and Impartiality using the form set out in Annex B hereto and posted on IAMA's web site.

9. Fees

The applicable fees for the administrative procedure are specified in Annex A hereto and posted on the IAMA's web site.

10. Word Limits

(a) The word limit under Paragraph 3(b)(ix) of the Rules shall be 5,000 words.
(b) The word limit under Paragraph 5(b)(i) of the Rules shall be 5,000 words.
(c) For the purposes of Paragraph 15(e) of the Rules, there shall be no word limits.

11. Amendments

Subject to the Policy and Rules, IAMA may amend these Supplemental Rules in its sole discretion.

12. Exclusion of Liability

Except in respect of deliberate wrongdoing, IAMA, its officers and employees, and any person appointed as Arbitrator, one not liable to any party of to au Domain Administration Ltd or as respect of any act or omission arising out of or in connection with the Policy, the Rules and/or these Supplemental Rules unless such act or omission in shown to have been fraudulent.

Annexure A

Domain Name Disputes Fees

FEES PAYABLE TO the Institute of Arbitrators & Mediators Australia (IAMA) upon lodgement of a complaint pursuant to the auDA Dispute Resolution Policy and Rules.

1. Complaint Fee

$1,500 plus GST for a single-member panel payable by the Complainant.
If the Complainant requests a single member panel but the Respondent requests a 3-member panel then each party will pay $1,500.
If the Complainant requests a 3-member panel than the Complainant will pay $3,000.

2. Fee Refunds

Per Clause 5(c) of the IAMA Supplemental Rules is $1000 ($500 in Administrative Charges) to be retained by IAMA or $2,500 for 3-member panels.

ANNEXURE B

STATEMENT OF ACCEPTANCE AND DECLARATION OF IMPARTIALITY AND INDEPENDENCE

Case Number:

I, the undersigned, _____________________ (Last Name, First Name),

Please check the appropriate box below, taking into consideration, inter alia, whether there exists any past or present relationship, direct or indirect, with either of the parties, whether financial, professional or of another kind and whether the nature of any such relationship is such that disclosure is called for. If in doubt, please make the disclosure [any doubt should be resolved in favor of disclosure].

[ ] I am independent of each the parties. To the best of my knowledge and belief, there are no facts or circumstances, past or present, or that could arise in the foreseeable future, that need be disclosed as they might be of a such a nature as to call in to question my independence in the eyes of one or both of the parties.

[ ] I am independent of each of the parties. However, I wish to disclose the circumstances described in the attachment hereto (attach separate sheet) as they might be of such a nature as to call in to question my independence in the eyes of one or both of the parties.

[ ] hereby declare that I decline to serve as a Panelist in the present case. (Disclosure of the reasons for declining to accept the appointment should be made on a separate sheet and attached hereto.)

Place: ____________

Signature:_____________________

Date: ____________

Return to Gordon Tippett, Chief Executive Officer, Level 1, 190 Queen Street, Melbourne, Victoria 3000. P.O. Box 13064 Law Court, Vic. 8010 Telephone 03-9607 6999 Facsimile 03-9602 2833 e-mail national@iama.org.au

Explanatory Cover Sheet to be sent to the Respondent pursuant to 4 (a) of the auDR Rules

To: ____________________________________________________

____________________________________________________

1. The Institute of Arbitrators & Mediators Australia (IAMA) has been appointed by au Domain Administration Ltd (auDA) as a "Provider" of dispute resolution services in relation to disputes that arise in relation to the use of au domain names.

2. IAMA has received a complaint from _____________________ of ___________________ P/code in relation to the domain name ____________ after reviewal for administrative compliance with the au Dispute Resolution Policy and Rules thereunder, has decided they are so compliant. Accordingly, there is attached a complaint from the abovenamed for your attention hereby notified that (cross out as applicable).

3. Administrative Commencement of Proceedings

The date of administrative commencement of these proceedings is deemed to be the ?./?./?..

4. Time for Response

You should respond to this complaint within 20 days of the date of commencement of the administrative proceedings as shown in paragraph 2.

5. Contact of Response

If you elect to respond to this complaint you should provide a response to the Case Administrator (see Paragraph 6 below) of the IAMA in the form provided for in Rule 5 of the Rules for au Domain Name Dispute Resolution Policy. (A copy of these Rules are attached.)

6. Case Administrator

IAMA has appointed Gordon Tippett, CEO, as Case Administrator in this complaint. His contact details are:
PO Box 13064 Law Courts Vic 8010
Email:national@iama.org.au
Telephone: (03) 9607 6908
Please contact him if you have any queries in relation to this complaint.

7. The Complaint

A copy of the complaint is included herewith.

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