Geoff Huston wrote:
> 
> Thanks for the clarification Patrick.
> 
> Certainly now I understand the liability issue better, and I appeciate
> the arguments for incorporating this body better.
> 
> The first question I posed is perhaps the harder one, and may well be orthogonal
> to the issue of a corporate policy body or unincorporated body.
> 
> Let me repeat it to see if there are any ideas on this:
> 
> >"(I'm no lawyer but) I appears to me that making a corporate entity
> >be responsible for administration and policy would tie it up in
> >endless litgation and associated injunctions forever and a day.
> >
> >What mechanisms would allow this body to operate, rather than simply
> >spend its entire time defending its actions on court hearings?
> 
>  Geoff

Sensible early actions by the ADNA would be to 
(1) seek formal authorisation from the ACCC to be exempt from TPA
actions for anti-competitive conduct, and
(2) seek endorsement from the ACA to be declared the manager of
electronic addressing for Internet communication services (as a declared
set of public network 'carriage services') under the new legislation.

I am informed that these actions, if successful, would give the ADNA the
necessary authority to avoid being tied up in defending its actions (in
implementing its own policy decisions) in court hearings - provided it
carries out its public consultation processes etc impeccably. 

Regards

PG