"..... but hey, who am I to make a call on that..."

Umm - you're the reseller that DNA uses to register domain names for registrants when they respond to the misleading and
deceptive notices sent out by DNA. So I guess that makes you uniquely positioned to...'make a call on that...'

Cheers,

Chris Disspain
CEO - auDA
ceo§auda.org.au
www.auda.org.au
 

> -----Original Message-----
> From: Craig Oehlers [mailto:info§proweb.com.au]
> Sent: Friday, 9 April 2004 17:34
> To: dns§dotau.org
> Subject: Re: [DNS] a win for the good guys..
> 
> I don't think Chesley's the one that needs to employ a new spin doctor...
> but hey, who am I to make a call on that... you're the one in the hot seat
> Chris.
> 
> Craig
> 
> ----- Original Message -----
> From: "Chris Disspain" <ceo&#167;auda.org.au>
> To: <dns&#167;dotau.org>
> Sent: Friday, April 09, 2004 2:34 PM
> Subject: [DNS] a win for the good guys..
> 
> 
> Thanks for posting this Rob.
> 
> auDA will shortly be seeking further orders in respect to the class action
> it has taken to secure refunds for the many
> thousands who were misled or deceived by the notice.
> 
> I think it's OK to say that the notices are misleading and deceptive now
> because the Judge has found that the notice was
> misleading and deceptive. But hey, Chesley, if you're unhappy about my
> choice of words...... sue me.
> 
> Oh and BTW Chesley, may I respectfully suggest you employ a new spin
> doctor...your attempt to throw a positive light on
> the judgement was disappointingly pathetic.
> 
> Cheers,
> 
> Chris Disspain
> CEO - auDA
> ceo&#167;auda.org.au
> www.auda.org.au
> 
> 
> > -----Original Message-----
> > From: Robert Gregory [mailto:Robert.Gregory&#167;maddocks.com.au]
> > Sent: Thursday, 8 April 2004 16:13
> > To: dns&#167;dotau.org
> > Subject: [DNS] .au Domain Administration Ltd v Domain Names Australia Pty
> Ltd[2004] FCA 424
> >
> > 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
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> > 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&#167;maddocks.com.au.
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