1. Find out who owns it from AuDA's point of view.
2. Get legal advice on the written contract, though remember the contract is after the fact. If AuDA doesn't recognize him as the owner then the contract could be void.
(You can't have a contract of sale over an item you don't own - generalization but the spirit is there)

my 2.2 cents ;)



Jason Allen wrote:

>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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