IP Bite Register a new au domain name from 24 March 2022

What you need to know

• On 24 March 2022, the Australian Domain Administration (auDA) will release the new ".au" direct namespace, permitting Australians to register shorter, more memorable ".au" domain names (e.g. "yourcompany.au").
• Registrants with an existing Australian domain name, such as ".com.au", ".org.au" or ".net.au", will be given priority to apply for the corresponding ".au" direct domain name until 24 September 2022. 

What you need to do

• If you hold an existing domain name, consider whether you would like to register the corresponding ".au" direct domain name.
• Consider whether to register ".com.au", ".org.au" or ".net.au" domain names before 24 March 2022, to gain priority registration for the corresponding ".au" direct domain name. 

Launch of new ".au" direct namespace in Australia

On 24 March 2022, auDA will release the new ".au" direct namespace, permitting Australians to register shorter, more memorable ".au" domain names (e.g. "yourcompany.au").  

Individuals, businesses, and organisations will be able to register a new ".au" domain name if they have an Australian presence, such as holding Australian citizenship or permanent residency, or being an organisation which is registered in Australia.  Unlike other namespaces such as ".com.au" and "org.au", there are no other eligibility criteria in respect of the individual, business or organisation. 

The domain name must:

• be available for registration;
• meet auDA's syntax requirements; and
• not be reserved (such as under auDA's rules restricting use of certain domain names, or under the priority registration scheme discussed below).

Priority registration for existing domain name registrants

From 24 March 2022 to 24 September 2022 (the Priority Allocation Period), existing holders of an Australian domain name, including ".com.au", ".org.au" and ".net.au" domain names, will have priority to register for the corresponding ".au" name through an accredited auDA registrar.  Once the Priority Allocation Period ends, all ".au" names will be registered on a first come, first served basis. 

What if more than one person claims priority?

In some cases, more than one registrant may be eligible to apply for priority status for the same ".au" domain name, such as where Registrant A owns "yourcompany.com.au", and Registrant B own "yourcompany.net.au".  

In such cases, the applicants' priority status is determined on the following basis:

• Category 1 applicants (applicants whose domain name was created before 4 February 2018) will have priority over Category 2 applicants (applicants whose domain name was created after 4 February 2018).
• If there are multiple Category 1 applicants, the domain name will be allocated on agreement/negotiation between the applicants. 
• If there are only Category 2 applicants, the domain name will be allocated to the applicant with the earliest domain name creation date.

Authors:  Stuart D'Aloisio, Partner; and Tal Maman, Lawyer.