Information about Domain Names Australia

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 8 April 2004, His Honour Justice Finkelstein of the Federal Court of Australia found that:

• the notices distributed by DNA to consumers in July and September 2003 made representations that were false, and were therefore misleading and deceptive, in contravention of section 52 of the Trade Practices Act 1974 (Cth), and
• Chesley Rafferty was involved in the contravention of that section.

DNA and Chesley Rafferty both appealed the decision. On 10 September 2004, the Full Federal Court of Australia dismissed all aspects of the appeal and awarded costs to auDA. The decision of the Court can be found here.  The costs payable under this order is about $40,000.00.

On 9 March 2005, in a separate unrelated proceeding, the Supreme Court of Western Australia ordered that DNA be wound up, and appointed Maurice Hodgson Lyford as the liquidator of the company. 

Because DNA is being wound up, the representative proceeding against DNA is automatically stayed (this means that the proceeding is effectively suspended against DNA).  The liquidator - M H Lyford - has indicated that DNA is unlikely to have sufficient assets to satisfy its liabilities.

In the circumstances of the case (including that DNA is now in liquidation), the Federal Court of Australia has ordered that the auDA representative proceeding against DNA be adjourned indefinitely.

Members of the group covered by the auDA representative proceeding may want to lodge a proof of debt in relation to their claim against DNA.  To do so, members should contact the liquidator directly, at:

Mr M H Lyford
Lyfords
Liquidator – Domain Names Australia Pty Ltd (In Liquidation)
Ogilvie House
12 Kintail Road
APPLECROSS  WA  6153

In the meantime, auDA has also served a bankruptcy notice on Chesley Rafferty on 13 July 2005 in relation to the costs ordered against DNA and him. 

Previous auDA announcements about DNA and Chesley Rafferty

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: 12/08/2005 16:34