on 3/7/2002 9:18 AM, Phil Wright at newsstuff§network.au.com wrote:

> Does anyone know how to raise items for dispute resolution for domains under
> .au ??
> 
> I have two separate urgent issues to pursue, yet no process to follow or
> place to lodge an application.

Hi Phil

I am currently disputing an application I made for a domain and was informed
by auDA that I must first take it up with the Registrar whom I made the
application with.

According to the Code of Conduct "At a minimum, complaints handling policies
must be in writing and made available upon request." I made a request 2 days
ago. I spoke to the Registrar on several occasions and they informed me that
they need to "dig it up" and the managing director said "I am sure we have
one". Perhaps it will arrive today.

Why do we have a Code of Conduct?

I also noted that there is an escape clause in the Registrant agreement
stating
"The Registrant must not pursue any claim against auDA, and auDA is not
liable for any direct, indirect, special, punitive, exemplary or
consequential damages, including but not limited to damages resulting from
loss of use, lost profits, lost business revenue or third party damages
arising from any breach by the Registrar of its obligations under the
Registrant Agreement or the Registrar Agreement between auDA and the
Registrar."

As this Agreement was not made available by the Registrar at the time of my
application for my disputed domain does this mean I am bound by it as a
Registrant even if I did not agree to it?

I note that this information is now available on their site. A bit late I
think.



Regards

Ian






> 
> Current info on the auDA site would seem to indicate that there is *no
> current policy* now that Melb IT isn't in charge anymore and the auDA
> doesn't have a current published policy on their website and isn't expecting
> to even have one until "The target date for implementation is 1 August
> 2002".  Both the matters will
> not wait until the end of the year and require attention ASAP.
> 
> Should I complain to ICANN?
> Shouldn't have to and doesn't seem ideal or appropriate but do I have any
> other avenue?
> 
> Thanks in advance
> 
> Phil Wright
> 
> 
> 
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