> Jason Allen wrote:
>> So, on to my question ... what would the auDA policy be on who is the
>> 'owner' of this .org.au domain (I believe it would be the 3 guys - or more
>> accurately the registered business name) and what steps/actions would be
>> involved in these 3 guys getting an auDA decision to transfer ownership of
>> the the domain record over to them (or more accurately, the business
>> name).

On Wed, Mar 30, 2005 at 07:21:05PM +1000, Jason Allen wrote:
> Further to this, the registrar claims that it is not the organisation 
> that is the legal leasee of the domain name, but the contact/s on the 
> domain record that are the legal leasee. ie. The registrant organisation 
> has no legal claim to the domain name, only the contact name/s listed on 
> the domain record have any legal right to the domain name.
> 
> How is this the case? Is every organisation/company that has a .au 
> domain name in trouble if the contact person/s on their domain record 
> get hit by a bus or leave the employment of that company?

Jason,

I think that the registrar is probably wrong - in general, but
especially for a .org.au domain. The auDA policy for .org.au is
quite explicit that the domain registrant (ie "owner") must be a
non-profit organisation - ie, not a person. You can't register
one as an individual. If there is any issue, it will be to do
with who controls the organisation. Does it have a constitution?

The "owner" of the business name registration might be able to make
a claim to being duly authorised by the organisation to request
a change of registry information on behalf of the organisation.

Anyway, take it up with auDA directly. If they agree with you
they will direct the registrar to make the changes you request.
You can then transfer the domain to a more reasonable registrar.

Chris