Thanks for posting this Rob.

auDA will shortly be seeking further orders in respect to the class action it has taken to secure refunds for the many
thousands who were misled or deceived by the notice.

I think it's OK to say that the notices are misleading and deceptive now because the Judge has found that the notice was
misleading and deceptive. But hey, Chesley, if you're unhappy about my choice of words...... sue me. 

Oh and BTW Chesley, may I respectfully suggest you employ a new spin doctor...your attempt to throw a positive light on
the judgement was disappointingly pathetic.

Cheers,

Chris Disspain
CEO - auDA
ceo§auda.org.au
www.auda.org.au
 

> -----Original Message-----
> From: Robert Gregory [mailto:Robert.Gregory§maddocks.com.au]
> Sent: Thursday, 8 April 2004 16:13
> To: dns§dotau.org
> Subject: [DNS] .au Domain Administration Ltd v Domain Names Australia Pty Ltd[2004] FCA 424
> 
> On 8 April 2004 Justice Finkelstein in the Federal Court of Australia
> delivered judgement in .au Domain Administration Ltd's (auDA) and the
> Australian Competition and Consumer Commission's (ACCC) separate
> proceedings against Domain Names Australia Pty Ltd (DNA) and Mr Chesley
> Paul Rafferty.
> 
> His Honour found that notices sent by DNA in July and September 2003 to
> approximately 593,000 recipients in each Australian state other than
> Tasmania constituted conduct that was misleading or deceptive or likely
> to mislead or deceive in contravention of section 52 of the Trade
> Practices Act 1974 (TPA).  Justice Finkelstein found that Mr Rafferty
> was knowingly concerned in DNA's contraventions of the TPA. His Honour
> held that neither DNA nor Mr Rafferty contravened section 64 of the
> TPA.
> 
> Each of Domain Names Australia and Mr Rafferty will be subject to an
> injunction restraining them from further breaching s52 of the TPA for 3
> years.
> 
> The parties will make further submissions to the Court in due course in
> relation to the final form of the orders to be made and the future
> conduct of auDA's representative proceedings.
> 
> A full copy of Justice Finkelstein's reasons for decision will shortly
> be available at the Australian Legal Information Institute's website
> http://www.austlii.edu.au/au/cases/cth/FCAFC/recent.html
> 
> Robert Gregory
> Senior Associate
> Maddocks
> 
> 
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