Media

Drivers group fails mediator test

The West Australian: IT Section - January 2003
By Fran Spencer

A WA association has come off second best in the first Australian domain name dispute to be tackled by a group offering 'alternative conflict resolution' through mediation.

The Institute of Arbitrators & Mediators Australia (IAMA), which describes itself as the country's leading alternative dispute resolution provider, has been approved by domain name body auDA as the first port of call for Australian domain names disputes.

Last week, IAMA announced its arbitrator, John Brydon, had ruled on one of the first cases to be handled under auDA's new dispute resolution policy - a clash between WA's Australian Drivers Rights Association and a NSW group, the Australian Dust Removalists Association.

Both claimed the right to the domain name www.adra.com.au, which had been used by the WA group for two years.

However, the WA group's right to use the domain name lapsed in July last year after its renewal was not processed by the registrar, Melbourne IT.

The NSW group then stepped in and registered the name, leaving the WA group to file a complaint with IAMA in an attempt to get the rights back.

In registering the complaint, the WA group claimed the NSW association had registered the name to prevent it from using its 'well-known website' and had asked for $30,000 to transfer the site back.

But Dr Brydon's decision, posted on the IAMA website last week, was to allow the NSW group to retain the name as the registration 'was not in bad faith' and both groups had a legitimate interest.

The WA Association is now understood to be considering legal action to regain the name.

We gratefully acknowledge the permission from Fran Spencer and The West Australian to reprint ths article.