Registrar continues to challenge auDA

4 December 2008

FOR IMMEDIATE RELEASE

Domain Directors, and its associated company, Instra Corporation, an 
auDA and ICANN accredited registrar, is continuing with its litigation 
against auDA.

The Supreme Court of Queensland today set down this litigation for trial 
for 2 February 2009.

In November, Domain Directors, an auDA and ICANN accredited registrar, 
commenced legal proceedings against auDA, the Australian domain name 
policy and regulatory body.

auDA had unilaterally suspended the registration of the domain name 
auregistry.com.au, and was in the process of cancelling Domain 
Director?s registration of this domain name.

auDA had asserted that a third party had made a complaint regarding 
Domain Director?s eligibility to own this domain name.

Domain Directors has owned and used the auregistry.com.au domain name 
for over eight years, without any issue.

Once challenged, auDA backed down and revealed that there was no third 
party complaint. auDA also reinstated the domain name and consented to 
court orders.

Days later, auDA then restarted the cancellation process, stating that 
there was a second complaint to auDA. When auDA was challenged regarding 
the second complaint, Chris Disspain, the CEO of auDA responded ?I am 
handling this issue. The request for eligibility information is not the 
result of an external complaint.?

Today in court, Mr Justice Chesterman asked the parties, ?where does 
auDA?s power to cancel domain names come from?? He decided that the 
issues raised in Domain Director?s lawsuit were important commercial 
issues that required speedy resolution.

Tony Lentino, the CEO of Domain Directors, was pleased with the court?s 
actions.

?I look forward to my day in court. auDA is not above the law and must 
behave properly. Chris Disspain cannot just decide to delete someone?s 
domain name without good reason.?

Mr Lentino said that Domain Directors is preparing for trial. ?auDA?s 
actions in deleting one of our long standing domain names was the final 
straw. We had no choice but to stand up to them. auDA should be subject 
to more external scrutiny. They are supposed to be a custodian of the 
Internet in Australia.?

John Swinson, partner of Mallesons Stephen Jaques, representing Domain 
Directors said: ?This case will set important precedent in Australia and 
clarify auDA?s roles and powers.?