[DNS] 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.

[DNS] 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.

From: Peter Shilling <peter§team.tppinternet.com>
Date: Fri, 5 Dec 2008 09:23:17 +1100
Well done Tony, doing what many other registrars have been too afraid  
to do - best of luck mate!

Makes the rest of us look pretty soft huh?

Peter


On 05/12/2008, at 8:06 AM, DomainNames.com.au wrote:

> 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.?
> ---------------------------------------------------------------------------
> List policy, unsubscribing and archives => http://dotau.org/

E: peter&#167;team.tppinternet.com
T: (02) 9696 5201
F: (02) 8588 1257
W: http://www.tppinternet.com.au


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Received on Thu Dec 04 2008 - 14:23:17 UTC

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