I agree and find that one of my disputes is very very similar in nature.

I have gone to Melb IT and they fob me off to auDA totally; stating that
they are no longer responsible for such matters and that even under the new
registrar policy I still have to go to them as they do not deal with issues
that do not fall under the responsibility of the new registrar policies!

So much for Policy, transparency and disclosure!
They are not adding to the resolve of the issues I seek to have dealt with
correctly.
It would appear that my case may have fallen in between the bureaucratic
cracks of what should have be a seamless process of transfer of power and
responsibility from Melb IT to auDA.
Personally I believe that is no defence.

As I do not have the licence for the domain how can I be bound by that
ridiculous disclaimer of liability by auDA that was not made known to me
other than your posting to this group?

In my case there are several issues that my legal counsel advises would be
likely to see the Trade Practices supersede any disclaimer that may attempt
to discourage the feint hearted.  I have offered and clearly sought  simple
resolution and attempted to have the matters dealt with in an uncomplicated
fashion posing options for resolution; but so far not even an adequate
response that addresses the full content of my letters.

I understand that auDA is under constraints with limited personnel,
resources and many important tasks at hand but surely due process and
procedure are paramount?  I would have assumed so anyway.

I have been seeking resolution (on one particular matter) by auDA or Melb IT
or both since November last year and the only satisfaction I have to date is
a standard 'warning and back-off letter' from auDA solicitors.

I must be an awful thorn in their side as I just won't lie down and go away
or be bullied or warned off.  Ironically the solution is to offer due
process which is all that I originally sought.

So where to from here ?  ICANN is looking more appropriate by the minute

Phil Wright


-----Original Message-----
From: Ian§LemonStone [mailto:auda§lemonstone.com.au]
Sent: Wednesday, 3 July 2002 12:24 PM
To: dns§lists.auda.org.au
Subject: Re: [DNS] Serious Question - Lodging for dispute resolution
for.au domains ?


on 3/7/2002 9:18 AM, Phil Wright at newsstuff§network.au.com wrote:

> Does anyone know how to raise items for dispute resolution for domains
under
> .au ??
>
> I have two separate urgent issues to pursue, yet no process to follow or
> place to lodge an application.

Hi Phil

I am currently disputing an application I made for a domain and was informed
by auDA that I must first take it up with the Registrar whom I made the
application with.

According to the Code of Conduct "At a minimum, complaints handling policies
must be in writing and made available upon request." I made a request 2 days
ago. I spoke to the Registrar on several occasions and they informed me that
they need to "dig it up" and the managing director said "I am sure we have
one". Perhaps it will arrive today.

Why do we have a Code of Conduct?

I also noted that there is an escape clause in the Registrant agreement
stating
"The Registrant must not pursue any claim against auDA, and auDA is not
liable for any direct, indirect, special, punitive, exemplary or
consequential damages, including but not limited to damages resulting from
loss of use, lost profits, lost business revenue or third party damages
arising from any breach by the Registrar of its obligations under the
Registrant Agreement or the Registrar Agreement between auDA and the
Registrar."

As this Agreement was not made available by the Registrar at the time of my
application for my disputed domain does this mean I am bound by it as a
Registrant even if I did not agree to it?

I note that this information is now available on their site. A bit late I
think.



Regards

Ian






>
> Current info on the auDA site would seem to indicate that there is *no
> current policy* now that Melb IT isn't in charge anymore and the auDA
> doesn't have a current published policy on their website and isn't
expecting
> to even have one until "The target date for implementation is 1 August
> 2002".  Both the matters will
> not wait until the end of the year and require attention ASAP.
>
> Should I complain to ICANN?
> Shouldn't have to and doesn't seem ideal or appropriate but do I have any
> other avenue?
>
> Thanks in advance
>
> Phil Wright
>
>
>
> --------------------------------------------------------------------------
-
> List policy, unsubscribing and archives =>
http://www.auda.org.au/list/dns/
> Please do not retransmit articles on this list without permission of the
> author, further information at the above URL.  (317 subscribers.)
>


---------------------------------------------------------------------------
List policy, unsubscribing and archives => http://www.auda.org.au/list/dns/
Please do not retransmit articles on this list without permission of the
author, further information at the above URL.  (317 subscribers.)