cancelled ABN

[scurve]

Hi all,

My client had to register a .net.au for their site.

The .com.au is already registered by someone who is not using it for a site nor emails. And has since cancelled his ABN.

Needing an ABN or ACN, can my client ask auda to cancel the .com.au? If so, how?

thanks in advance!

 

[findtim]

i'd suggest you just email auda

also search auda for PD information.

either way it will still have to go via dropping domains back to handreg so i'd suggest you don't mention the name here IMO

tim

 

[Cooper Mills DomainLawyer]

yes you can as the registrant may no longer eligible to hold the domain

 

[findtim]

yes you can as the registrant may no longer eligible to hold the domain

am i correct that it still has to got to drops?

tim

 

[neddy]

Scurve, my understanding is that your type of complaint should actually be directed to the registrar in the first instance.

There are two relevant auDA Policies.

2012-03 - Complaints Policy - http://auda.org.au/policies/2012-03/ - which at Clause 7 (and 7.1) states:

7. OTHER COMPLAINTS AND DISPUTES

7.1 The Complaints (Registrant Eligibility) Policy sets out the process for making a complaint about invalid registrant eligibility details as displayed on WHOIS, eg. where the WHOIS record shows a deregistered company, a removed business name or a cancelled ABN. Complaints must be lodged with the registrar of record for the domain name.

(Bolding is mine).

And so this is auDA's current Complaints (Registrant Eligibility) Policy. Fairly easy reading http://www.auda.org.au/policies/2004-01/

(see clause 3):

3. COMPLAINTS-HANDLING PROCESS

3.1 Where a person believes that a registrant no longer exists or is no longer eligible to hold their domain name licence, that person should lodge a complaint with the registrar of record for the domain name (disclosed on the WHOIS service).

3.2 On receipt of a complaint about the eligibility of a registrant, the registrar must reconfirm the eligibility details of the registrant (for example, check that the registrant's company, business name or trade mark registration is still current). If the eligibility details are current, the registrar is not required to take any further action.

3.3 If the registrant's eligibility details are not current, or if the registrant no longer exists, the registrar is required to follow the process outlined in sections 4 and 5 below.

And then read Clauses 4 and 5.

----------------------------------------------

Tim is correct that if your complaint was upheld, you would not get the domain. It would go back on the "drops".

Alternatively your client could go down the auDRP complaint path - if they were successful they would be awarded the domain. But that costs big bucks.

https://auda.zendesk.com/hc/en-us/a...-domain-name-transferred-to-me-What-can-I-do-

Hope that helps.

Cheers, Ned

 

[Joel]

Ned is correct in this case. The complaint goes to the registrar in question, not auDA. The registrar must act upon it and the auDA policy is pretty clear on the process and timeline.

 

[findtim]

Ned is correct in this case. The complaint goes to the registrar in question, not auDA. The registrar must act upon it and the auDA policy is pretty clear on the process and timeline.

if you read the link ned kindly posted i bet registras just LOVE getting these requests

they must have an OOHH-SH^^T@registra.com.au email address and the 18 yr old pimple faced intern gets to sort it out


tim

 

[Cooper Mills DomainLawyer]

am i correct that it still has to got to drops?

tim

yes

 

[brettf]

Registrars will invariably look after the interests of their client, not some punter making a complaint, and will advise the existing registrant exactly how they are able to retain the domain.

 

[neddy]

Registrars will invariably look after the interests of their client, not some punter making a complaint, and will advise the existing registrant exactly how they are able to retain the domain.

That's what I like to hear!

 

[sasha]

.

 

[Horshack]

Harsh words! Either you are eligible or you aren't. More often than not I look at the registrant information for a domain name and wonder how the person is eligible.

 

[sasha]

its based on a technicality and its wrong

 

[Bacon Farmer]

It's a legitimate question given they cancelled their ABN.

Without knowing all the facts such as the registrants intentions, I think you're also a little trigger happy on calling out the OP as a disgusting evil wrong doer.

If the current "owner" stills wants it then they can update their details or grounds for eligibility.

 

[sasha]

.

 

[geodomains]

The .com.au is already registered by someone who is not using it for a site nor emails. And has since cancelled his ABN.

Contacting the registrar is okay, if it's an oversight the registrant will fix it, if not.......they should not own it......simple.

The question was a put out there for members to answer, not have a dig at the guy for asking.

Don

 

[sasha]

.

 

[Bacon Farmer]

Anyone got a snickers?

 

[findtim]

its based on a technicality and its wrong

given they cancelled their ABN i'd say that is more then a technicality ( if in doubt ask the tax office ) i can't see any problems in asking our advice, isn't that what DNT is here for ?

considering coopermills say

yes you can as the registrant may no longer eligible to hold the domain

i think the thread is solved IMO

tim

 

[scurve]

For the record, my client has a very unique business name and started her business years before the .com.au was registered.

The current owner of the .com.au is not using it at all, nor is there any record of them using it ever.

Thanks for everyone's advice and guidance.