Hello Chas,

> 
> 
> Anyone come across this before:
> 
> We have registered a business name (lets say 'ABC') because 
> we want the
> domain name for this business to operate under: www.abc.com.au
> 
> There was a previous business called 'ABC' but it has ceased 
> trading. Shows
> this in the ASIC database. However they earlier registered 
> www.abc.com.au
> which is still registered by them but there is no 'live' web 
> site present.
> 
> QUESTION:
> Can they still 'own' that name when infact their business is no longer
> registered/operating?

It would depend on whether they have some other basis for having that
particular domain name under the current eligibility rules.  For example
they may be able to claim the licence under the close and substantial
connection rule.  The end result may be that the domain name record is
amended with updated information.

> What steps do you have to take to have some authority 
> 'release' the name
> from this deregistered business?

In the case of Melbourne IT, send details to policy§melbourneit.com.au

When a third party complains that the business name is no longer registered,
we contact the orginal registrant and give them some time to respond/or
remedy the situation.

Ultimately if we find that the registrant is no longer eligible to hold the
name, we delete the name.

> How can we find the expiry date for this domain (legally)?

That information is not made publicly available by Melbourne IT.

You could contact the registrant and find out this information.

Regards,
Bruce Tonkin