Legal limitations?.


http://www.zdnet.com.au/newstech/ebusiness/story/0,2000048590,20277789,00.htm

Australia's domain name administrator, auDA, has UNSUCCESSFULLY applied to
the Federal Court to restrain a company from using funds secured as a result of a
mail-out earlier this year of domain registration documents the administrator claims
resemble invoices. 

----- Original Message ----- 
From: "Richard Keeves" <richard&#167;ibc.com.au>
To: <dns&#167;lists.auda.org.au>
Sent: Wednesday, August 27, 2003 11:33 AM
Subject: RE: [DNS] media release



  Well done Chris.  It is good to see some action. 
  Let's hope it does something -  and does not just result in the skink
dropping its tail yet again. 

  Cheers
  Richard Keeves. 

  


> -----Original Message-----
> From: Chris Disspain [mailto:ceo&#167;auda.org.au] 
> Sent: Wednesday, 27 August 2003 8:33 AM
> To: DNS List
> Subject: [DNS] media release
> 
> 
> auDA launches Trade Practices claim against Domain Names 
> Australia Pty Ltd and its Director, Chesley Rafferty
>  
> Melbourne, 27 August 2003 - On 18 August 2003 auDA issued 
> legal proceedings at the Federal Court of Australia against 
> Domain Names Australia Pty Ltd (DNA) and its sole director, 
> Chesley Paul Rafferty. In those proceedings, auDA alleges 
> that recent mail-outs by DNA were misleading or deceptive, or 
> likely to mislead or deceive, in breach of the Trade 
> Practices Act (TPA).
>  
> auDA is bringing the claims against DNA and Mr Rafferty as a 
> representative action (that is, a class action) on behalf of 
> all members of the public who have existing .au ccTLD (eg 
> .com.au, .org.au, .net.au) or gTLD (eg .com, .net, .org) 
> domain names and who received notices from DNA and made 
> payments pursuant to those notices.
>  
> auDA anticipates that the Court will shortly require it to 
> place advertisement in newspapers giving details of the 
> nature of the class action.
>  
> auDA is seeking a declaration of breach of the TPA, refunds 
> and damages, and permanent injunctions restraining DNA and 
> Rafferty from engaging in certain types of misleading or 
> deceptive conduct, or conduct likely to mislead or deceive, 
> in the future.
>  
>  
> Interlocutory Injunction
>  
> As part of the proceedings auDA also applied for an interlocutory (or
> temporary) injunction restraining DNA from using the funds 
> they receive as a result of the mail out.  
>  
> The application was heard on 25 August 2003 before Justice 
> Finkelstein but was unsuccessful as His honour concluded that 
> there was insufficient evidence to show that the proceeds 
> were likely to disappear as auDA fears.
>  
> However, in his judgement his honour made a number of 
> observations which auDA considers to be of significance. auDA 
> will make another public statement as soon as the transcript 
> of the judgement is available.
>  
> -ENDS-
>  
> For media contact:
>  
> auDA:
> Chris Disspain
> Chief Executive Officer
> tel: 03 9349 4711
> email: ceo&#167;auda.org.au
>  
>  
> 


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