Your friend is in exactly the same position as he would be if did the admin
work to register a company with ASIC for another organisation.

Not being paid a fee for doing administrative work does not give one
ownership of the entity that was registered - be it company, .au domain
name, etc.



Regards, Mark

Mark Hughes
Effective Business Applications Pty Ltd
+61 4 1374 3959
www.pplications.com.au
effectivebusiness§applications.com.au


-----Original Message-----
From: Jason Allen [mailto:jallen§pobox.com]
Sent: Tuesday, 29 June 2004 8:56 AM
To: dns§dotau.org
Subject: [DNS] AUDA policy on 'ownership' of .com.au ?



A question for those that work with DNS and AUDA policies everyday....

A friend acted as a consultant and registered a .com.au for an non-profit
organisation (with them as the owners/registrants) under written agreement
that 'ownership' of the domain would transfer to the organisation once he
was paid expenses (< $100). There was a change of board members at the
organisation, and the new board is failing to recognise this contract,
refusing to pay the expenses, and demanding hand-over of the domain details
(tech contact, password so as to change DNS for domain, etc.).

What policy/legal position is this person in? Must he hand-over the domain
regardless, or is he able to refuse until his expenses are paid?

If it makes any difference, the non-profit organisation has registered the
equivalent .org.au domain and is operating that. Don't ask me why the
non-profit organisation is refusing to pay the < $100 expenses - it's beyond
my comprehension. I think it's ego's getting in the way?

In addition to my question, another non-profit organisation is interested in
the .com.au domain, and is willing to pay the consultants expenses for the
domain. Is the consultant able to change 'ownership' of the domain to this
other non-profit organisation.

Under .com.au policies, I believe both non-profit organisations have
'rights' to the .com.au as they operate/participate in the event for which
the .com.au refers to.



Cheers,
Jason



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