From down under to directly under .AU

Anchovy News

Last year, auDA, the Registry responsible for the administration of Australia's .AU Top Level Domain, announced that, as of 24 March 2022, domain names would be available for registration directly under .AU.  Previously it was only possible to register under the second level .COM.AU, .NET.AU, .ORG.AU, ASN.AU, ID.AU, GOV.AU and EDU.AU extensions.

The launch of domain names directly under .AU would seem to be a natural step and will bring Australia in line with other jurisdictions worldwide that already offer domain names directly at the top level.  These include the United Kingdom (.UK), New Zealand (.NZ), Canada (.CA), France (.FR), China (.CN) and Germany (.DE). Australia’s close neighbours, New Zealand, have seen registrations directly under .NZ take off since they were introduced in 2014 and, in 2021, around 20 percent of  registrants in New Zealand chose to register directly under .NZ.

Current holders of third level domain names under .AU will have a six-month priority Grandfathering Period running from 24 March to 24 September 2022, during which they can apply for Priority Status to register the corresponding domain names directly under .AU.  Thus for example, the registrant of domain.com.au will be able to apply for Priority Status to register domain.au.

There will be two Priority Categories, as below:

  1. Priority Category 1: Third level domain names having a licence creation date on or before 4 February 2018.

  2. Priority Category 2: Third level domain names having a licence creation date after 4 February 2018.

If there are multiple applicants for the same domain name, the following rules will apply:

  1. Where there is one applicant under Category 1 and one under Category 2, then the domain name will be allocated to the applicant under Category 1.

  2. Where there are multiple applicants all under Category 1, the Registry will put the parties in contact for a period of negotiation.  In the event that no solution is found between the parties then the domain name will remain unallocated. 

  3. Where there are multiple applicants all under Category 2, the domain name will be attributed to the applicant who registered their third level domain name first.

For any registered third level domain names where the holders have not applied for Priority Status during the Grandfathering Period, the corresponding .AU domain names will become available on a first come, first served basis after 24 September 2022.

It should be noted, however, that in order to register a domain name directly under .AU, the same eligibility requirements as those for third level domain names will apply.  To be eligible, a validated Australian presence is required. This includes citizens or permanent residents, organisations, associations and businesses registered in Australia, and legal entities that have a registered Australian trade mark.

Should you require any further information or wish to register a domain name under .AU, please contact David Taylor or Jane Seager.

Contacts
David Taylor
Partner
Paris
Jane Seager
Partner
Paris
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