Proposed changes to the .au Licensing Rules look likely to introduce stricter requirements for .com.au and .net.au domain names, such that those domain names are only able to be registered where they closely correspond to a registered name like a company name, business name or trade mark.

Under existing .au Licensing Rules, a person looking to hold a .com.au or .net.au must:

• have a recognised ‘Australian Presence’;
• be a ‘Commercial Entity’; and
• only apply to register a domain name which corresponds with either:
  • per 2.4.4(a)-(e), a registered name like a company name, business name or trade mark; or
  • per 2.4.4(f), the name of:
    • goods or services supplied by the person;
    • an event or activity of the person; or
    • premises which the person operates.

That final limb at 2.4.4(f) replaced a similar previous provision allowing registration of domain names with a ‘close and substantial connection’ to the registrant, but is now proposed to be removed entirely. This would leave only domain names corresponding with a registered name like a company name, business name or trade mark able to be registered.

How did we get to here?

The external Policy Advisory Panel (Panel) established by the .au Domain Administration (auDA) has released its final report following its review of the .au Licensing Rules. Recommendation 2 proposes the change described above.

In August 2026, the auDA board resolved to approve the Panel’s recommendations in principle, and has directed auDA management to prepare an Implementation Plan.

If adopted, the recommendation would narrow the circumstances in which businesses can establish eligibility for these domain names and would increase the importance of registered intellectual property rights in online brand protection strategies.

What is changing?

The Panel has recommended the removal of rule 2.4.4(2)(f) from the .au Licensing Rules. Currently, this provision allows a registrant to demonstrate eligibility for a .com.au or .net.au domain name where the domain name is a match or synonym of a service, product, event, activity or premises connected with the registrant.

Under the existing rule, eligibility can be established through relatively limited activity, including referral-based or pay-per-click websites. However, in its final report, the Panel concluded that a more objective and verifiable connection between the registrant and the domain name would improve transparency and confidence in the .au namespace.

If rule 2.4.4(2)(f) is removed, eligibility to register .com.au or .net.au domain names would be limited to:

• a match or acronym of a commercial entity’s company, business, statutory or personal name;
• a match of a commercial entity’s Australian trade mark;
• a match or acronym of a commercial entity’s related Australian body corporate;
• a match or acronym of a partnership of which a commercial entity is a partner; or
• a match or acronym of a trust of which a commercial entity is a trustee.

Who is likely to be affected?

The businesses most likely to be impacted include:

• businesses operating product-specific websites that do not correspond with their registered business name or trade marks;
• businesses using descriptive or generic domain names for marketing campaigns;
• businesses operating event-specific websites;
• operators of lead generation, referral or information websites; and
• domain name investors and businesses holding larger domain name portfolios based on generic terms.

A minority of Panel members noted that this change would be ‘at odds not only with international practice but also a departure from over 25 years of .au domain name policy’, and suggested it may hinder activities such as ‘schools registering a domain name for their annual fete’ or ‘charities registering a domain name for a fundraising campaign’.

Businesses whose domain names closely mirror their company name, business name or registered trade marks are unlikely to experience significant disruption. The proposal may strengthen the position of these businesses by making it more difficult for third parties to rely on broader eligibility pathways when obtaining similar domain names.

Implications for brand owners

Recommendation 2 signals a stronger relationship between domain name rights and formal intellectual property rights. If implemented, businesses may need to take a more proactive approach to protecting domain names through:

• trade mark registrations;
• business name registrations;
• regular audits of existing domain name portfolios; and
• reviews of eligibility records supporting key domain names.

Businesses that operate multiple websites for products, services or campaigns should consider whether their current domain portfolio would continue to satisfy the allocation rules if the recommendation is adopted.

The cheapest and most straightforward path to satisfy eligibility requirements for the new rules is likely to be a business name registration, but relevant business names are not always going to be available for registration, and even where they are this is likely to add additional cost and administrative requirements.

Uncertainty for existing domain names

The report does not address what would happen to existing domain names that currently rely on rule 2.4.4(2)(f) as their basis for eligibility. The report also does not indicate whether any grandfathering arrangements, transition periods or alternative compliance pathways would be introduced. This creates uncertainty for registrants whose rights may be affected by any future rule change.

At this stage, it remains unclear whether existing registrants would be permitted to retain their domain names, whether additional evidence of eligibility would be required, or whether affected domain names could become vulnerable to cancellation.

These issues are likely to be addressed by auDA’s Implementation Plan, with promises of ‘explanatory guidance’ for stakeholders.

What isn’t changing?

.au domain names without a second-level namespace like .com.au, .net.au or .org.au, like hwle.au, remain available to any registrant with a recognised Australian presence. These domain names are not required to have any connection with the name of the registrant or its activities.

Many global top level domains (gTLDs) like .com have few, if any, eligibility requirements, with auDA’s approach relatively strict in comparison.

What should businesses do now?

Businesses that hold or are seeking to acquire .com.au or .net.au domain names should begin taking preparatory steps now, including:

• identifying domain names that do not directly correspond with their company name, business name or registered trade marks;
• reviewing the eligibility basis on which those domain names are held;
• assessing whether additional intellectual property protection should be sought; and
• taking steps like registering corresponding business names.

Next steps

Recommendation 2 of the Panel’s final report reflects a broader trend towards .com.au and .net.au domain names requiring a clear and objectively verifiable connection with their registrants.

For brand owners, the recommendation serves as a timely reminder that domain name strategy and intellectual property strategy are increasingly interconnected. Businesses should begin assessing their exposure now, particularly where those domain names are not supported by registered intellectual property rights.

HWLE Lawyers’ intellectual property and technology team has extensive experience in advising businesses regarding domain name eligibility and registration. If you are concerned about how the proposed amendments could affect your business’ eligibility for a .com.au or .net.au domain name, please contact us for further information on how we can assist you.

This article was written by Daniel Kiley, Partner, and Jasper Dowdell, Law Graduate.