DNA appeal dismissed

 

 

Federal Court upholds Justice Finkelstein's finding that DNA mail-outs were misleading and deceptive

 

 

MELBOURNE, September 10, 2004: In April this year Justice Finkelstein found that various domain name notices sent by
Domain Names Australia (DNA) in July and September 2003 were, as alleged by auDA, misleading and deceptive.

 

DNA and its Director Chesley Rafferty lodged an appeal to the Federal Court against that decision. The appeal was heard
on 24 August 2004. 

 

The judgement, published today, dismisses all aspects the appeal and awards costs to auDA.

 

Chris Disspain CEO of auDA said, "auDA is delighted that the Federal Court has confirmed the findings of Justice
Finkelstein.  Having dealt with this appeal we will now have the matter re-listed before Justice Finkelstein to obtain a
timetable for the conduct of the class action in order to secure refunds from DNA and Rafferty for the many thousands of
people who have been misled and deceived by these notices."

 

"auDA reiterates its advice that whilst misleading and deceptive notices, like the ones sent out by DNA and Chesley
Rafferty, are rare, all Australians should register or renew their .au domain names only through an auDA accredited
registrar or appointed reseller," Mr Disspain concluded.