Yet again this highlights the glaring hole in auDA policy to address  
disputes arising from decisions made by auDA, such as deleting a  
domain through to de-registering a registrar. There are numerous  
policies in place to handle disputes amongst registrants and  
registrars but none relating to the god-like power auDA have. When  
they make a decision the only come back is the courts.

There needs to be a policy to deal with this and a way to dispute  
auDA's arbitrary decisions that does not involve the time and expense  
of the courts. So yet again I will raise the need for a Domain Name  
Ombudsman to provide a way for people to dispute decisions made by  
auDA. The ombudsman would not get involved in other disputes such as  
the auDRP but only in those that have arisen because of a decision  
auDA made, such as deleting a domain or terminating a registrar.

auDA easily makes enough money each year to cover the cost of this, it  
would equate to only cents per year per domain. Rather than funding  
some of their questionable projects auDA should instead look at  
directing some of these surplus funds into something more productive  
such as a Domain Name Ombudsman.



On 22/04/2009, at 3:08 PM, Stewart Carter wrote:

> I was sitting in Court 3 of the old High Court in Melbourne this  
> morning.
>
> That?s how I know the Supreme Court of Victoria has confirmed an  
> injunction won by Nick Bolton (of BrisConnections fame) allowing one  
> of his five Internet domain name  businesses ? Bottle Domains ? to  
> continue registering Au domain names.
>
> Industry regulator ? auDA Ltd ? had terminated Bottle?s  
> accreditation last week, following revelations of a major security  
> breach at Bottle.
>
> But Bolton immediately sought, and was granted, an emergency  
> injunction by the Court.
>
> At todays hearing the Court confirmed that the injunction should  
> stand, at least until a full trial later this year.
>
> The decision raises some questions about the future of auDA.
>
> A full report at www.ecommercereport.com.au
>
>
> Regards
>
>
> Stewart Carter
> www.ecommercereport.com.au
>
> ---------------------------------------------------------------------------
> List policy, unsubscribing and archives => http://dotau.org/

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