domainwatch.org

Monday March 21 2005

Domains Australia Pty Ltd “invoice” (Chesley Rafferty)

Filed under: Chesley Rafferty, Domains Australia — Josh @ 8:19 pm

Chesley Rafferty’s Domains Australia Pty Ltd – his latest domain name registration company – has sent out a new batch of marketing notices:

Domains Australia Pty Ltd notice (Chesley Rafferty)

In my opinion these marketing notices may be difficult for an ordinary person to distinguish from a real invoice for an existing service (their domain name) which requires payment by a certain date.

One of Chesley Raffery’s previous companies, Domain Names Australia Pty Ltd, was found guilty of misleading and deceptive conduct for similar activities by an Australian Federal Court.

If you have received a marketing notice from Domains Australia and you wish to lodge a formal complaint, we advise that you immediately contact:

Saturday March 5 2005

Chesley Rafferty satire

Filed under: Chesley Rafferty, Domains Australia — Josh @ 1:16 pm

Inspired by Domains Australia’s mass mail out and Chesley Rafferty’s drug charges; Skeeve Stevens penned these words of satire on the .au DNS list:

” …
Domains Australia Pty Ltd.
Hakea Prison, Nicholson Road, Canning Vale 6155, WA.

DOMAIN NAME AVAILABLE

The domain name “www.chelsey-is-someones-bitch.com” or “www.my-ass-is-sore.com” are currently available for registration. Domains Australia will arrange the registration for a 2 year period (or however long I get sentenced for) for $1000 inc GST (inflation due to legal fees) (or also you can throw a tennis ball over the fence with contraband) if you return the slip below by the time I am out of prison.

Some notes on domain names:

- Domain name have become an important tool in prisons in Australia and all across the world. Many prisoners have them even though they don’t have access to the internet.
- This domain name registration is for a two year period – or due to me receiving a longer sentence than expected, will automatically be renewed for each two year period.
- Domain names can be used to identify both which prison you are in and your sexual preference. All new domain name registrations with Domains Australia come with a web services pack free for three months. With this you can put up pictures of you in your greens, photos of you on visits and if you should so choose, photos of you being sodomised by Bubba.
- Please note that if you are not the current proprietor or you do not want the domain name, then please reconsider or you may be shiv’d if you don’t do as you’re damn well told.

Register before I get parole and receive a free hour sexual encounter with me if you are in Hakea Prison. Remember, I’d put out for domain names.

Chelsey Rafferty (Remember, Rafferty Rules ;-)
… “

Friday March 4 2005

Domains Australia blames “technical error” for “misleading” mail-out (Chesley Rafferty)

Filed under: Chesley Rafferty, Domains Australia — Josh @ 8:03 pm

from: www.domains-australia.com.au

” …
There has been an error with some of our recent offers. Some letters incorrectly stated that a .com domain name was available where instead the domain should have had extension .net.au. Any incorrect orders that have been received where the customer does not want the .net.au will be fully refunded. We apologise for any inconvenience caused.
… “

from: http://dotau.org/archive/2005-03/0008.html

” …
—–Original Message—–
From: Chesley Rafferty chesleyau@yahoo.com.au
Sent: Friday, 4 March 2005 1:06 PM
To: dns@dotau.org
Subject: [DNS] Copy of letter sent to Chris Disspain re Domains Australia

Chris Disspain
auDA
107 Faraday Street
Carlton VIC 3053
By Fax and Mail

4 March 2005

Chris

This letter is response to a recent mailer sent by Domains Australia headed “Domain Name Available” which offered a 5% discount for orders received before 16 March 2005.

Yesterday I became aware of a Consumer Alert on your website at www.auda.org.au which states that some of the letters sent out offered to register a domain that was not available to be registered.

After checking with our mailing company, it quickly became clear that there had been a number of letters sent out which were supposed to offer a domain which was available and instead offered a .com domain (which in many cases would not be available). This occurred as a data file was merged with the incorrect wording file.

This error was in every respect a technical one, and was in no way done to confuse the recipient of the letter.

As soon as I was aware of this problem, I placed a corrective notice at www.domains-australia.com.au and placed a corrective message at 03 9923 6505 to inform all callers of the error in the mailer.

Also for orders received, we will contact each customer to inform them directly of the error, to
explain that the offer should have been for a different domain and give them a complete refund.

Regards

Chesley Rafferty
Director
… “

auDA Consumer Alert: Domains Australia (Chesley Rafferty)

Filed under: Chesley Rafferty, Domain Names Australia, Domains Australia — Josh @ 7:04 am

auDA has emailed .au domain name owners a Consumer Alert regarding the latest Domains Australia Pty Ltd (Chesley Rafferty) mass mail out.

Date: Thu, 3 Mar 2005 20:15:41 +1100
From: adam.king [at] auda.org.au
To: [snip-snip]
Subject: Domains Australia Pty Ltd – Consumer Alert

You are receiving this email because you are the registrant contact for a .au domain name. .au Domain Administration Ltd (auDA) is the Australian company that operates .au.

auDA has become aware that a company called Domains Australia Pty Ltd is sending letters and/or faxes to some domain name registrants offering to arrange registration of a .com domain name for $225.

The letter is headed ‘DOMAIN NAME AVAILABLE’. auDA has received numerous complaints which indicate that some of the names being offered are either:

1. registered already to the recipient of the letter and not due to expire in the near future; or

2. registered to a different entity and is not available for registration.

auDA is concerned that the letters may:

a) mislead people into believing that their .com domain name has expired when it has not; or

b) mislead people into believing that a .com name is available for registration when it is not; and

c) in either case induce people to pay money to Domains Australia for a service that the company is unable to deliver.

Domains Australia is a company controlled by Chesley Rafferty, who is also a Director of Domain Names Australia Pty Ltd.

auDA has successfully taken legal action against Mr Rafferty and Domain Names Australia under the Trade Practices Act. For more information see http://www.auda.org.au/news/dna.

If you have received a .com letter from Domains Australia and you wish to lodge a formal complaint, auDA advises that you immediately contact the Australian Competition and Consumer Commission (ACCC) either by lodging an electronic complaint at http://www.accc.gov.au/content/index.phtml/itemId/3634 or by faxing details to their Canberra office on (02) 6243 1199.

Adam King
auDA

Thursday March 3 2005

Mass mail out by Domains Australia Pty Ltd (Chesley Rafferty)

Filed under: Chesley Rafferty, Domain Names Australia, Domains Australia — Josh @ 7:24 pm

Domains Australia Pty Ltd (Chesley Rafferty) notice

Mass mail out by Domains Australia Pty Ltd
http://www.auda.org.au/news-archive/auda-03032005/

03/03/2005
auDA has become aware that Domains Australia Pty Ltd is sending letters and/or faxes to some domain name registrants offering to arrange registration of a .com domain name for $225.

The letter is headed ‘DOMAIN NAME AVAILABLE’. auDA has received numerous complaints which indicate that some of the names being offered are either;

1. registered already to the recipient of the letter and not due to expire in the near future or

2. registered to a different entity and not available for registration.

auDA is concerned that the letters may

a) mislead people into believing that their .com domain name has expired when it has not; or

b) mislead people into believing that a .com name is available for registration when it is not; and

c) in either case induce people to pay money to Domains Australia for a service that the company is unable to deliver.

Domains Australiais a company controlled by Chesley Rafferty, who is also a Director of Domain Names Australia Pty Ltd.

auDA has successfully taken legal action against Mr Rafferty and Domain Names Australia under the Trade Practices Act. For more information see http://www.auda.org.au/news/dna.

If you have received a .com letter from Domains Australia and you wish to lodge a formal complaint, auDA advises that you immediately contact the Australian Competition and Consumer Commission (ACCC) either by lodging an electronic complaint at http://www.accc.gov.au/content/index.phtml/itemId/3634 or by faxing it to their Canberra office on (02) 6243 1199.

auDA warns registrants of new domain scam (ZDNet)
http://www.zdnet.com.au/news/communications/0,2000061791,39183162,00.htm

Warnings over new domain offer (Australian IT)
http://australianit.news.com.au/articles/0,7204,12431555%5E15306%5E%5Enbv%5E,00.html

” …

AUSTRALIAN .au domain controller auDA has posted a new warning about potentially misleading letters and faxes touting domain name services in what appears to be a re-run of the 2003 Domain Names Australia case.

auDA said it had received complaints from individuals that had received letters from reseller Domains Australia Pty Ltd offering .com domains for two years for $225.

In a warning notice posted online, auDA said complaints were centred around the fact that the .com domains being offered were “registered already to the recipient of the letter and not due to expire in the near future or registered to a different entity and not available for registration”.

A similar practice lead in 2004 to the Federal Court finding Domain Names Australia Pty Ltd and sole director Chesley Paul Rafferty in breach of the Trade Practices Act, 1974.

Australian Securities and Investments Commission filings show 35 year old Mr Rafferty is also sole director of Perth-based Domains Australia Pty Ltd, which was registered in October.

Australian IT has learned that Mr Rafferty has been charged by WA Police with two counts of possession of a prohibited drug and one count of possession of a prohibited drug with intent to sell.

Mr Rafferty will face court over the drugs charges later this month.

auDA chief executive Chris Disspain said that because the new offer from Domains Australia involved .com addresses, the matter was beyond auDA’s jurisdiction.

The organisation was recommending complaints be directed to the Australian Competition and Consumer Commission (ACCC), Mr Disspain said.

The ACCC declined to comment on whether it had received complaints on the .com domain offers, with a spokesman saying that the Commission could not comment on matters that may be the subject of complaints or investigation.

In dismissing a 2004 appeal by Domain Names Australia, Justice Finkelstein ordered that the company and Mr Rafferty refrain from engaging in similar conduct for three years.
… “

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