Re: [announce] auDA media release - auDA suspends Capital Networks' registrar accreditation

Re: [announce] auDA media release - auDA suspends Capital Networks' registrar accreditation

From: Stephen Plustwik <stephenplustwik§>
Date: Mon, 11 Apr 2005 20:02:11 +1000
Dear Mr Disspain,


Merely their name gives me the shudders.

Capital Networks made me jump through hoops (i.e., multiple notarisations 
by a solicitor to certify my identity, at AUD55 each) when they were a gTLD 
registrar, and I wanted to transfer my domains away.

Multiple notarisations for two reasons: First, some of my documentation 
they never received.  And they disallowed registered mail because it 
required the signature of an officer of the company (they operate out of a 
post office box).

Second, when they did receive my notarised documentation, they refused to 
release a certain domain because its financial transaction was less than 
150 days old.

I am glad to have cut all ties with Capital Networks now!

Yours faithfully,

Stephen Plustwik

At 16:34 2005-04-11, Chris Disspain wrote:
auDA suspends Capital Networks' registrar accreditation

Melbourne, 11 April 2005 – auDA (the manager of .au) has suspended the 
registrar accreditation of Capital Networks Pty Ltd (trading as TotalNIC).

In April 2004 Capital Networks Pty Ltd (Cap Net) commenced proceedings 
against auDA in the Federal Court of Australia claiming that auDA had no 
right to seek certain information from Cap Net under its registrar 
agreement with auDA.

auDA successfully defended Cap Net’s proceedings and was awarded costs by 
the Federal Court of Australia in June 2004.

Cap Net’s appeal to the Full Federal Court of Australia was dismissed with 
costs in December 2004.  Cap Net has sought special leave to appeal the 
Full Federal Court's decision to the High Court of Australia.

Despite an agreement for the payment of the costs of the trial by 
instalments being made between the parties, a Federal Court costs order 
being made by consent and a Statutory Demand being issued by auDA, Cap Net 
has failed to pay any of the agreed instalments of the costs.

Under the Corporations Act, Cap Net's failure to pay the debt set out in 
the Statutory Demand means that it is presumed to be insolvent for the 
purposes of a winding up application.  Cap Net could have applied to have 
the Statutory Demand set aside, but did not.

Because of Cap Net's failure to comply with the Statutory Demand, auDA 
filed an application in the Federal Court of Australia seeking that Cap Net 
be wound up in insolvency on 21 March 2005. The application is due to be 
heard on 28 April 2005.

On 23 March 2005 auDA also notified Cap Net of its intention to suspend its 
accreditation unless it satisfied auDA of its solvency by 11 April 2005. As 
Cap Net has not satisfied auDA of its solvency, auDA has decided to suspend 
Cap Net's registrar accreditation.  This action does not prevent the 
resumption of Cap Net's registrar accreditation in the future if Cap Net 
demonstrates its solvency to auDA's reasonable satisfaction.

auDA will become the temporary registrar for all Cap Net’s .au registrants 
and will be contacting them to inform them of the action taken and to 
provide them with information on their rights and obligations.

Chris Disspain
CEO – auDA

About auDA
.au Domain Administration Ltd (auDA) is an Australian not-for-profit 
company vested with the responsibility of operating the .au domain for the 
benefit of all stakeholders.

In its role as manager of the .au domain, auDA carries out the following 

         develop and implement domain name policy
         license 2LD registry operators
         accredit and license registrars
         implement consumer safeguards
         facilitate .au Dispute Resolution Policy

Received on Fri Oct 03 2003 - 00:00:00 UTC

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