Class action against DNA

Class action against DNA

From: Kim Davies <kim§cynosure.com.au>
Date: Wed, 27 Aug 2003 09:18:20 +0200
Temporarily taking the mantle from our other news reporters on this list
;-)

http://www.theage.com.au/articles/2003/08/27/1061663828504.html
http://www.news.com.au/common/story_page/0,4057,7081754%255E15306,00.html
http://www.zdnet.com.au/newstech/ebusiness/story/0,2000048590,20277789,00.htm
http://www.itnews.com.au/storycontent.cfm?ID=6&Art_ID=12779

kim

| auDA launches Trade Practices claim against Domain Names Australia Pty
| Ltd and its Director, Chesley Rafferty
|  
| Melbourne, 27 August 2003 - On 18 August 2003 auDA issued legal
| proceedings at the Federal Court of Australia against Domain Names
| Australia Pty Ltd (DNA) and its sole director, Chesley Paul Rafferty.
| In those proceedings, auDA alleges that recent mail-outs by DNA were
| misleading or deceptive, or likely to mislead or deceive, in breach of
| the Trade Practices Act (TPA).
|  
| auDA is bringing the claims against DNA and Mr Rafferty as a
| representative action (that is, a class action) on behalf of all members
| of the public who have existing .au ccTLD (eg .com.au, .org.au, .net.au)
| or gTLD (eg .com, .net, .org) domain names and who received notices from
| DNA and made payments pursuant to those notices.
|  
| auDA anticipates that the Court will shortly require it to place
| advertisement in newspapers giving details of the nature of the class
| action.
|  
| auDA is seeking a declaration of breach of the TPA, refunds and damages,
| and permanent injunctions restraining DNA and Rafferty from engaging in
| certain types of misleading or deceptive conduct, or conduct likely to
| mislead or deceive, in the future.
|  
|  
| Interlocutory Injunction
|  
| As part of the proceedings auDA also applied for an interlocutory (or
| temporary) injunction restraining DNA from using the funds they receive
| as a result of the mail out.  
|  
| The application was heard on 25 August 2003 before Justice Finkelstein
| but was unsuccessful as His honour concluded that there was insufficient
| evidence to show that the proceeds were likely to disappear as auDA
| fears.
|  
| However, in his judgement his honour made a number of observations which
| auDA considers to be of significance. auDA will make another public
| statement as soon as the transcript of the judgement is available.
|  
| -ENDS-
Received on Fri Oct 03 2003 - 00:00:00 UTC

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