The .au domain name space is looking to adopt a dispute resolution procedure but it's unlikely to take on the UK's 'three strikes and you're out' rule that will prevent domain name hijackers abusing their powers over .uk domain names.
The top level domain .au is currently going through a procedure of deciding what dispute resolution procedure it will adopt, according to executive director of the Internet Society of Australia, Tony Hill.
It is widely believed that the dispute resolution procedure put in place will be very similar to that used in the .com space - the Uniform Domain Name Dispute Resolution Policy (UDRP).
At the moment in the highest-level domain name space - .com - there's no limit on how many times you can make a claim over a domain name.
However, under the UDRP you have to prove three elements before your claim will even be heard, according to Craig Ng of law firm of Maddock Lonie & Chisholm.
It has to be proven that you have the trademark for the domain name and that the person already using it has no right to it. Furthermore, you have to prove bad faith on the part of the person currently sitting on the domain name.
This would mean using as evidence an email that they sent you saying that they would be prepared to give it back to you for a certain price.
"If you can prove all three then generally the domain name will be handed back to you," Ng said.
However, because all three components are difficult to prove the procedure is a fairly good safeguard from preventing companies abusing their power, according to Ng.
The .uk domain registry Nominet is pushing forward the 'three strikes and you're out process in an attempt to put a lid on companies' reverse hijacking practices - abusing their trademark rights in attempts to grab .uk domain names.
Ng said he wasn't sure if he agreed with the UK's 'three strikes and you're out' process.
"With new top level domains coming through it may well be that a company needs to get more than one domain name and they should be able to exercise those rights [to dispute] more than once. Why should your rights be limited?" Ng said.
Although the .au domain space doesn't currently follow the UDRP process, "I expect it will go with a very similar concept," Ng said.
"UDRP has worked very well at the .com level," Ng added. "The clearance rate of claims is high and people submitting disputes are fairly happy with the results."
It is anticipated that a decision will be made about a dispute resolution procedure for .au domain names by July. "Admittedly it's an ambitious timetable," Tony Hill said.
Public discussion papers are available on auDA Web site and comments can be submitted until March 16.
