So what will be the outcome with the new whois policy will grandfathered
registrations be immune from current or future whois updates or other policy
developments?

 

To say that they will be is to say it is ok for defective whois data to
remain on a public registry in breach the corporations law.

 

ACN's and Business Name numbers are 2 separate legal entities as everyone
knows so to make the transfer policy effective the numbers need to be
specified.  The way the policy is written there is no provision for a person
to transfer a domain registered in their own name to a company they have
formed after the domain registration has taken place.  How could a
registrant possible achieve this outcome without effecting a transfer to a
new registrant in breach of the policy on transfers?  My opinion is they
can't.

 

Further, if a company is struck off or placed in liquidation there must be
no place for a transfer to a business name or person that matches as the
registrants have basically changed.  A company is a legal person as much as
a human person is a legal person.  This is fundamental stuff.

 

Further, the interpretation of the policy to permit transfers "by operation
of law" when applied to liquidators and receivers ought not to give those
proxy parties (who are nothing more than agents or trustees for the
registrant) rights to permit transfers to new registrants merely because
they operate under a statutory authority.  They have no right under law to
transfer a non-transferable license and when read with the policy on
transfers there is no "operation of the law" that could permit such a
transfer.

 

James Guy

Principal

 

GUY & AssociatesT

                Solicitors & Trademark Agent

 

Level 25 Optus Centre

367 Collins Street

Melbourne


VIC 3000

AUSTRALIA

 

 Phone: +61 3 9221 6151

 Fax:   +61 3 9383 5293

 Mobile: 0407085553

 website:  http://www.guyassociates.com.au