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*LATEST UPDATE: DNA appeal dismissed (see auDA media release, 10/09/2004)
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.
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.
Listed below are links to full details of auDA's claim, which are set out in the application and statement of claim filed with the Federal Court.
On 8 April 2004, Justice Finkelstein of the Federal Court of Australia found that the notices sent by DNA to consumers in July and September 2003 were misleading or deceptive, in contravention of section 52 of the Trade Practices Act 1974. Justice Finkelstein also found that DNA's director, Chesley Paul Rafferty, was personally involved in the contravention of the Trade Practices Act . The decision of Justice Finkelstein can be found here.
DNA and Rafferty appealed the Federal Court's decision. The full Federal Court heard their appeal on 24 August 2004. The Court dismissed all aspects of the appeal and awarded costs to auDA. The decision of the full Federal Court can be found here.
| Date | Title |
| 10/09/2004 | DNA appeal dismissed |
| 13/04/2004 | auDA wins TPA action against DNA |
| 14/10/2003 | Domain Names Australia - Update |
| 28/08/2003 | Consumer Alert Mass mail out by Domain Names Australia Pty Ltd |
| 27/08/2003 | auDA launches Trade Practices claim against Domain Names Australia Pty Ltd and its Director, Chesley Rafferty |
| 17/07/2003 | Consumer Alert Latest "net.au" mail out by Domain Names Australia Pty Ltd |
| 19/06/2003 | Consumer Alert Domain Names Australia Pty Ltd |
| 26/09/2002 | Internet Registry Pty Ltd (trading as NetRegister) consents to Federal Court Orders |
| 20/09/2002 | auDA launches Trade Practices claim against Internet Registry Pty Ltd (trading as NetRegister) and its Director, Chesley Rafferty |
| 09/09/2002 | Consumer Alert NetRegister letter contains incorrect information |
| 29/07/2002 | auDA takes action on Internet Registry mail out |
| 08/07/2002 | Consumer Alert Internet Registry Pty Ltd – Mail out contains inaccurate information |
Domain Names Australia has no connection whatsoever with the auDA accredited registrar Domain Name Registrar (Australia) Pty Ltd trading as Domain Registration Services.
Last Updated: 07/02/2005 14:55
auDA has won its TPA action against Domain Names Australia Pty Ltd, over mass mail outs during 2003.
auDA's 2004 Annual General Meeting was held in Perth on 8 November 2004.
