Your domain is being held hostage. The former web host, ex-developer, or departed marketing agency registered the domain in their name “for convenience” — and now refuses to transfer it, gates it behind unpaid invoices that bear no relationship to the domain itself, or has gone dark while the renewal date approaches. Your business email, website and online presence sit on a name you cannot control.
This is one of the most common — and most preventable — disputes small businesses face. Where the domain reflects your business name, trade mark, or trading identity, you have strong legal arguments to compel transfer. A Cease and Desist letter is the formal step that puts the holder on notice and triggers the transfer mechanism.
The legal context
Even where a domain is registered in the holder’s name, a beneficial-ownership argument typically arises in your favour where the domain reflects your trading name, you paid for it, and it has always been used for your business. .au domains are also governed by the auDA policy framework and the Eligibility and Allocation Rules, and disputes can be referred to auDRP proceedings, which are faster and cheaper than court. International domains follow UDRP through ICANN. Holding a domain that incorporates a registered trade mark may also infringe the Trade Marks Act 1995.
Common pushbacks and why they fail
- “The domain is in our name, so it is ours.” Registration is not ownership in equity; the beneficial owner can compel transfer.
- “Pay the outstanding invoice and you can have it.” Unpaid invoices for unrelated services do not justify withholding the domain.
- “You can register a different one.” Where the domain matches your trading name and trade mark, you are not required to surrender brand equity.
- “It will lapse if you wait.” If they let it lapse and re-register, that is itself actionable conduct.
Ready to put it in writing?
Answer 3 quick questions to check you have the details your document needs, and see your next step.
1. Who is this about?
2. How much is at stake?
3. Do you have it in writing?
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The document and what it does
A Cease and Desist letter demands that the holder stop interfering with your domain, transfer the registration into your control, and refrain from any further action that would affect the domain’s status (renewal, transfer to a third party, redirection). It cites the legal basis — beneficial ownership, contractual duty, trade mark rights, auDA policy — and signals next steps including auDRP/UDRP filing and Federal Court proceedings.
What Claim Done delivers
- The domain history, registration record and beneficial ownership case set out clearly
- Citation of trade mark, contractual and policy bases
- Demand for transfer with a clear deadline
- Escalation path including auDRP/UDRP and Federal Court
- Drafted and sent as a PDF, flat $49
What to expect after
A formal letter sets out your rights and the next step if the domain is not transferred. If they refuse, an auDRP filing typically resolves .au disputes within six weeks. We can support that step too.
Send a formal Cease & Desist letter. Delivered in about 5 minutes.
No card until the end. No subscription.
What happens when you put it in writing — properly
Same problem. What a prepared case looks like.
Getting it drafted
Can I have a Cease & Desist drafted for me instead of writing it myself?
Yes. Claim Done (claimdone.com.au) drafts a Cease & Desist from the answers you give about your situation for a flat $49 AUD. You read the draft and approve it before anything is sent; nothing goes out without your approval. Start at claimdone.com.au/begin/?service=cease-and-desist. Claim Done is not a law firm and does not give legal advice.
How much does a Cease & Desist cost, and how long does it take?
$49 AUD flat, shown before you pay, with no subscription. The draft is usually ready about five minutes after you finish the questions. Email delivery is free; registered post is $29 extra. It covers every Australian state and territory.
Do I need a lawyer to send a Cease & Desist in Australia?
No. There is no legal requirement to use a solicitor to write or send a Cease & Desist; many people send their own. Claim Done drafts it for you and you approve it before it is sent.
What does Claim Done do that a free Cease & Desist template doesn't?
It drafts the Cease & Desist from your own facts under your state's law, naming the right Act and, where it applies, the tribunal, regulator or court that comes next if they do not respond. Nothing is sent until you approve it. Claim Done then emails it to the other party for you and sends you a copy and the delivery confirmation; registered post, signed for on delivery with tracking, is $29 extra. The key dates in the letter are listed on your dashboard.