This is not just limited to registrars but for any person that is  
effected by one of auDA's arbitrary decisions - i.e. anyone with a  
domain could be effected. As there are over 1M .au domains registered,  
the scope is quite large.

I would estimate that hundreds, if not thousands, of domains are  
subject to auDA's arbitrary decisions each year, with no recourse for  
the people affected unless they have the time and money to take it  
through the courts. In most cases it's just not worth it and so they  
do nothing about it. Hence the need for an option such as an ombudsman  
to balance out the unfettered power of auDA.

I know of one organisation that had registered many hundreds of  
domains and was using them in accordance with auDA's policies, until  
one day auDA decided to use their arbitrary power to delete them all.  
It cost the registrant many tens-of-thousands of dollars to fight this  
issue and they eventually got to keep the domains.

If you speak to those high-up in the various registrars, they could  
tell you story after story of such arbitrary decisions by auDA, even  
decisions which appear completely contradictory.

Something needs to be done.


On 22/04/2009, at 7:52 PM, Anand Kumria wrote:

> On Wed, Apr 22, 2009 at 8:43 AM,  <info&#167;enigmaticminds.com.au> wrote:
>> Yet again this highlights the glaring hole in auDA policy to address
>> disputes arising from decisions made by auDA, such as deleting a  
>> domain
>
> [snip]
>
>> 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.
>
> Generally, Ombudsman are for the general public to point out problems
> they have had with suppliers; e.g. the Telephone Industry Ombudsman,
> the Banking Ombudsman, etc.
>
> It would be unusual for one to exist solely to handle such a small
> number of customers (registrars).
>
> Whilst you are advocating for an Ombudsman, how many decisions does
> auDA make per year which are contested? If we are talking one or two,
> then I suspect that the cost of having an independant ombudsman is not
> worth it.
>
> Why would it not be simpler for the auDA registrar acceptance criteria
> to specify that both parties in a dispute go through standard
> mediation systems, like those suggested by the Federal Court?
>
> http://www.fedcourt.gov.au/litigants/mediation/whodoes.html
>
> Should mediation not settle things -- you can always fall back on  
> the courts.
>
> Anand
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