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Information about Domain Names Australia (DNA)

On 18 August 2003, auDA commenced a representative proceeding in the Federal Court of Australia against Domain Names Australia Pty Ltd (DNA) and its director, Chesley Paul Rafferty. Part of this proceeding is currently scheduled to be heard by His Honour Justice Finkelstein in the Federal Court on 19 November 2003.

On 5 November 2003 a Federal Court (Section 33X) Notice about the proceeding was sent to those who have paid DNA under the specific notices that are the subject of the proceeding.

Because the proceeding is currently pending before the Federal Court, auDA is not able to comment on it or discuss the matter.


Whats New:

auDA wins TPA action against DNA - 13/04/2004
Justice Finkelstein finds DNA mail-outs to be misleading and deceptive

Justice Finkelstein finds DNA mail-outs to be misleading and deceptive Melbourne, 13 April 2004 - .au Domain Administration (auDA), the administrator of .au domain names, has won its Trade Practices Act claim against Domain Names Australia Pty Ltd (DNA) and Chesley Rafferty.

On April 8, 2004 Justice Finkelstein found that the notices sent by DNA in July and September 2003 were, as alleged by auDA, misleading and deceptive. Justice Finkelstein agreed with auDA’s claim that the notices falsely represented:

that they were a notice for the renewal of an existing registered domain name; that the domain name was due for renewal by the ‘Closing Date’ referred to in the notice; and that the recipient of the notice risked losing their domain name by not requesting DNA to renew it. Justice Finkelstein also found that DNA director Chesley Rafferty was personally involved in the contraventions of the Trade Practices Act by DNA and granted injunctions restraining both DNA and Rafferty from further breaching the legislation.

Chris Disspain CEO of auDA said, “auDA is delighted that we have won this battle but there is still more to do. We will now continue to pursue our class action against DNA and Chesley Rafferty to secure refunds for the many thousands of people who have been misled and deceived by these notices.”

“While misleading and deceptive notices, like the ones sent out by DNA and Chesley Rafferty, are rare, auDA strongly advises all Australians to register or renew their .au domain names only through an auDA accredited registrar or appointed reseller,” Mr Disspain concluded.

ENDS


Previous auDA announcements about DNA and Chesley Rafferty:


auDA Consumer Alert - 28/08/2003
Mass mail out by Domain Names Australia Pty Ltd

On the weekend of 23 and 24 August Domain Names Australia Pty Ltd (DNA) mailed over 400,000 letters headed ‘Domain Name Registration’ to businesses, schools, government agencies, non-profit organisations and individuals in Australia offering to ‘facilitate’ a domain name registration on their behalf.

In auDA’s opinion the communication could be misleading or deceptive and consumers should note:

  • Despite appearances to the contrary, the letter is NOT an invoice.
  • A two year licence for a domain name can cost under $100. DNA is seeking to charge $237.
  • DNA is neither an auDA Accredited Registrar nor an appointed reseller.
  • Only auDA Accredited Registrars and their appointed resellers are bound to abide by the Code of Practice and auDA’s published policies.
auDA has issued legal proceedings against DNA and its Director Chesley Rafferty under the Trade Practices Act. These proceedings are a class action seeking refunds and damages on behalf of those members of the public who have been misled by the letter from DNA and made payments to DNA pursuant to the letter.

More information, including how to make a complaint to auDA and/or register to become a part of the class action can be found at http://www.auda.org.au/dna/.


auDA Consumer Alert - 17/07/2003
Latest "net.au" mail out by Domain Names Australia Pty Ltd

auDA has become aware that Domain Names Australia Pty Ltd (DNA) is sending letters and/or faxes to some domain name registrants regarding the net.au version of their .au domain name being available or unregistered.

The communication is headed “Domain Name Registration” and could, in auDA’s opinion, be easily mistaken for an invoice. To this extent, auDA considers that the communication could be misleading or deceptive.

DNA is a company controlled by Mr Chesley Rafferty, who is also a Director of Internet Registry Pty Ltd.

auDA took legal action against Mr Rafferty and Internet Registry in 2002, as a result of which Mr Rafferty gave several undertakings in the Federal Court.

auDA believes that this latest mail out by DNA is in breach of some of Mr Rafferty's undertakings, and we are pursuing the matter vigourously.

If you have received a net.au letter from DNA and you wish to lodge a formal complaint, please send an email to info@auda.org.au.


auDA Consumer Alert - 19/06/2003
Domain Names Australia Pty Ltd

auDA has become aware that a company named Domain Names Australia Pty Ltd (DNA) is sending letters and/or faxes to some domain name registrants regarding the .com version of their .au domain name being available or unregistered.

The communication is headed “Domain Unregistered” and could, in auDA’s opinion, be easily mistaken for an invoice. To this extent, auDA considers that the communication could be misleading or deceptive.

auDA believes that registrants should be aware that DNA is a company controlled by Mr Chesley Rafferty, who is also a Director of Internet Registry Pty Ltd.

Both Mr Rafferty and Internet Registry Pty Ltd have been the subject of previous media releases by auDA.

View More Information Visit auDA Website

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