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 TPA. 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 years. 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 http://www.austlii.edu.au/au/cases/cth/FCAFC/recent.html Robert Gregory Senior Associate Maddocks ---------------------------------------------------------------------- Maddocks 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 ---------------------------------------------------------------------- The information in this electronic mail is privileged and confidential, intended only for use of the individual or entity named. If you are not the intended recipient, any dissemination, copying or use of the information is strictly prohibited. If you have received this transmission in error please delete it immediately from your system and inform us by email on info§maddocks.com.au. ----------------------------------------------------------------------Received on Fri Oct 03 2003 - 00:00:00 UTC
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