Temporarily taking the mantle from our other news reporters on this list ;-) http://www.theage.com.au/articles/2003/08/27/1061663828504.html http://www.news.com.au/common/story_page/0,4057,7081754%255E15306,00.html http://www.zdnet.com.au/newstech/ebusiness/story/0,2000048590,20277789,00.htm http://www.itnews.com.au/storycontent.cfm?ID=6&Art_ID=12779 kim | auDA launches Trade Practices claim against Domain Names Australia Pty | Ltd and its Director, Chesley Rafferty | | Melbourne, 27 August 2003 - On 18 August 2003 auDA issued legal | proceedings at the Federal Court of Australia against Domain Names | Australia Pty Ltd (DNA) and its sole director, Chesley Paul Rafferty. | In those proceedings, auDA alleges that recent mail-outs by DNA were | misleading or deceptive, or likely to mislead or deceive, in breach of | the Trade Practices Act (TPA). | | auDA is bringing the claims against DNA and Mr Rafferty as a | representative action (that is, a class action) on behalf of all members | of the public who have existing .au ccTLD (eg .com.au, .org.au, .net.au) | or gTLD (eg .com, .net, .org) domain names and who received notices from | DNA and made payments pursuant to those notices. | | auDA anticipates that the Court will shortly require it to place | advertisement in newspapers giving details of the nature of the class | action. | | auDA is seeking a declaration of breach of the TPA, refunds and damages, | and permanent injunctions restraining DNA and Rafferty from engaging in | certain types of misleading or deceptive conduct, or conduct likely to | mislead or deceive, in the future. | | | Interlocutory Injunction | | As part of the proceedings auDA also applied for an interlocutory (or | temporary) injunction restraining DNA from using the funds they receive | as a result of the mail out. | | The application was heard on 25 August 2003 before Justice Finkelstein | but was unsuccessful as His honour concluded that there was insufficient | evidence to show that the proceeds were likely to disappear as auDA | fears. | | However, in his judgement his honour made a number of observations which | auDA considers to be of significance. auDA will make another public | statement as soon as the transcript of the judgement is available. | | -ENDS-Received on Fri Oct 03 2003 - 00:00:00 UTC
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