Domain Names Australia Pty Ltd (Chesley Rafferty) appeal dismissed
Domain Names Australia Pty Ltd (Chesley Rafferty) appeal dismissed
http://www.auda.org.au/news.php?newsid=22
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Federal Court upholds Justice Finkelsteins finding that DNA mail-outs were misleading and deceptive.
MELBOURNE, September 10, 2004: In April this year Justice Finkelstein found that various domain name notices sent by Domain Names Australia (DNA) in July and September 2003 were, as alleged by auDA, misleading and deceptive.
DNA and its Director Chesley Rafferty lodged an appeal to the Federal Court against that decision. The appeal was heard on 24 August 2004.
The judgement, published today, dismisses all aspects the appeal and awards costs to auDA.
Chris Disspain CEO of auDA said, auDA is delighted that the Federal Court has confirmed the findings of Justice Finkelstein. Having dealt with this appeal we will now have the matter re-listed before Justice Finkelstein to obtain a timetable for the conduct of the class action in order to secure refunds from DNA and Rafferty for the many thousands of people who have been misled and deceived by these notices.
auDA reiterates its advice that whilst misleading and deceptive notices, like the ones sent out by DNA and Chesley Rafferty, are rare, all Australians should register or renew their .au domain names only through an auDA accredited registrar or appointed reseller, Mr Disspain concluded.
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Full Federal Court dismisses appeal by internet domain name facilitator (ACCC)
http://www.accc.gov.au/content/index.phtml/itemId/536745/fromItemId/142
Domain Names misled business: court (The Age)
http://www.theage.com.au/articles/2004/09/10/1094789679474.html
Domain name seller’s appeal dismissed (The Age)
http://www.theage.com.au/articles/2004/09/10/1094789670920.html
DNA loses appeal (Australian IT)
http://australianit.news.com.au/articles/0,7204,10724274%5E15318%5E%5Enbv%5E,00.html
Federal Court dismisses appeal over domain notices (ZDNet)
http://www.zdnet.com.au/news/security/0,2000061744,39158901,00.htm
A summary of the Domain Names Australia appeal judgement by auDA CEO Chris Disspain is
available here: http://dotau.org/archive/2004-09/0015.html