Well done Tony, doing what many other registrars have been too afraid  
to do - best of luck mate!

Makes the rest of us look pretty soft huh?

Peter


On 05/12/2008, at 8:06 AM, DomainNames.com.au wrote:

> Registrar continues to challenge auDA
>
> 4 December 2008
>
> FOR IMMEDIATE RELEASE
>
> Domain Directors, and its associated company, Instra Corporation, an  
> auDA and ICANN accredited registrar, is continuing with its  
> litigation against auDA.
>
> The Supreme Court of Queensland today set down this litigation for  
> trial for 2 February 2009.
>
> In November, Domain Directors, an auDA and ICANN accredited  
> registrar, commenced legal proceedings against auDA, the Australian  
> domain name policy and regulatory body.
>
> auDA had unilaterally suspended the registration of the domain name  
> auregistry.com.au, and was in the process of cancelling Domain  
> Director?s registration of this domain name.
>
> auDA had asserted that a third party had made a complaint regarding  
> Domain Director?s eligibility to own this domain name.
>
> Domain Directors has owned and used the auregistry.com.au domain  
> name for over eight years, without any issue.
>
> Once challenged, auDA backed down and revealed that there was no  
> third party complaint. auDA also reinstated the domain name and  
> consented to court orders.
>
> Days later, auDA then restarted the cancellation process, stating  
> that there was a second complaint to auDA. When auDA was challenged  
> regarding the second complaint, Chris Disspain, the CEO of auDA  
> responded ?I am handling this issue. The request for eligibility  
> information is not the result of an external complaint.?
>
> Today in court, Mr Justice Chesterman asked the parties, ?where does  
> auDA?s power to cancel domain names come from?? He decided that the  
> issues raised in Domain Director?s lawsuit were important commercial  
> issues that required speedy resolution.
>
> Tony Lentino, the CEO of Domain Directors, was pleased with the  
> court?s actions.
>
> ?I look forward to my day in court. auDA is not above the law and  
> must behave properly. Chris Disspain cannot just decide to delete  
> someone?s domain name without good reason.?
>
> Mr Lentino said that Domain Directors is preparing for trial.  
> ?auDA?s actions in deleting one of our long standing domain names  
> was the final straw. We had no choice but to stand up to them. auDA  
> should be subject to more external scrutiny. They are supposed to be  
> a custodian of the Internet in Australia.?
>
> John Swinson, partner of Mallesons Stephen Jaques, representing  
> Domain Directors said: ?This case will set important precedent in  
> Australia and clarify auDA?s roles and powers.?
> ---------------------------------------------------------------------------
> List policy, unsubscribing and archives => http://dotau.org/

E: peter§team.tppinternet.com
T: (02) 9696 5201
F: (02) 8588 1257
W: http://www.tppinternet.com.au


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