The auDA is
the policy authority that oversees the auDRP, the domain
dispute resolution proceedings adapted from
the Uniform Domain Name Dispute Resolution Policy (UDRP).
On August 27, the auDA will present its first overview of how
the various auDRP panels have ruled on various legal and
procedural issues. The official launch will take place as part
of the Australian Internet
Governance Forum in Melbourne.
The overview will cover over 300 decisions, starting from
August 1 2002.
The result of the auDRP overview, which follows the format
of WIPO’s UDRP overview, is already available
online. The overview covers several topics, including how
panels have ruled on legal issues pertaining to elements of
establishing a claim under the UDRP. Some questions
include whether a complainant is required to prove that
the respondent lacks rights or legitimate interests in the
domain name, and when will an offer to sell, rent or otherwise
transfer the domain name to another person constitute bad
faith. The overview also looks at procedural issues such as
whether multiple complainants can bring a single consolidated
complaint against a respondent.
Andrew F Christie of Melbourne Law School authored the
overview, with assistance from James Gloster, Jeffry Kadarusman
and Daniel Lau.