.au Domain Administration Ltd v Domain Names Australia Pty Ltd [2004] FCA 424

.au Domain Administration Ltd v Domain Names Australia Pty Ltd [2004] FCA 424

From: Robert Gregory <Robert.Gregory§maddocks.com.au>
Date: Thu, 08 Apr 2004 16:05:59 +1000
On 8 April 2004 Justice Finkelstein in the Federal Court of Australia
delivered judgement in .au Domain Administration Ltd's (auDA) and the
Australian Competition and Consumer Commission's (ACCC) separate
proceedings against Domain Names Australia Pty Ltd (DNA) and Mr Chesley
Paul Rafferty.

His Honour found that notices sent by DNA in July and September 2003 to
approximately 593,000 recipients in each Australian state other than
Tasmania constituted conduct that was misleading or deceptive or likely
to mislead or deceive in contravention of section 52 of the Trade
Practices Act 1974 (TPA).  Justice Finkelstein found that Mr Rafferty
was knowingly concerned in DNA's contraventions of the TPA. His Honour
held that neither DNA nor Mr Rafferty contravened section 64 of the

Each of Domain Names Australia and Mr Rafferty will be subject to an
injunction restraining them from further breaching s52 of the TPA for 3

The parties will make further submissions to the Court in due course in
relation to the final form of the orders to be made and the future
conduct of auDA's representative proceedings.

A full copy of Justice Finkelstein's reasons for decision will shortly
be available at the Australian Legal Information Institute's website 

Robert Gregory
Senior Associate

Melbourne - Tel: (61 3) 9288 0555  Fax: (61 3) 9288 0666   
Sydney - Tel: (61 2) 8223 4100  Fax: (61 2) 9221 0872
Web: http://www.maddocks.com.au 
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Received on Fri Oct 03 2003 - 00:00:00 UTC

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