domainwatch.org

Domain Names Australia (Chesley Rafferty) loses Federal Court case

Comments from Robert Gregory - Maddocks; auDA’s lawyers:
http://dotau.org/archive/2004-04/0019.html

” …

On 8 April 2004 Justice Finkelstein in the Federal Court of Australia
delivered judgement in .au Domain Administration Ltd’s (auDA) and the
Australian Competition and Consumer Commission’s (ACCC) separate
proceedings against Domain Names Australia Pty Ltd (DNA) and Mr Chesley
Paul Rafferty.

His Honour found that notices sent by DNA in July and September 2003 to
approximately 593,000 recipients in each Australian state other than
Tasmania constituted conduct that was misleading or deceptive or likely
to mislead or deceive in contravention of section 52 of the Trade
Practices Act 1974 (TPA). Justice Finkelstein found that Mr Rafferty
was knowingly concerned in DNA’s contraventions of the TPA. His Honour
held that neither DNA nor Mr Rafferty contravened section 64 of the
TPA.

Each of Domain Names Australia and Mr Rafferty will be subject to an
injunction restraining them from further breaching s52 of the TPA for 3
years.

The parties will make further submissions to the Court in due course in
relation to the final form of the orders to be made and the future
conduct of auDA’s representative proceedings.

A full copy of Justice Finkelstein’s reasons for decision will shortly
be available at the Australian Legal Information Institute’s website
http://www.austlii.edu.au/au/cases/cth/FCAFC/recent.html

… “

Comments from Chesley Rafferty - Domain Names Australia Director
http://dotau.org/archive/2004-04/0014.html

Comments from Chris Disspain - auDA CEO
http://dotau.org/archive/2004-04/0023.html