auDA launches Trade Practices claim against Internet Registry Pty Ltd (trading as NetRegister) and its Director, Chesley Rafferty
Announcement posted by auDA 21 Sep 2002
auDA yesterday filed Federal Court proceedings against Internet Registry Pty Ltd and its Director Paul Chesley Rafferty in respect to the NetRegister mail out sent by them to domain name registrants early last week.
auDA is seeking certain interlocutory injunctions and, as final relief;
Declarations that the mail out is misleading or deceptive in certain respects;
Declarations that Internet Registry has engaged in conduct which is misleading or deceptive in breach of the Trade Practices Act and, in breach of the Act, has falsely represented the need for services.
Declarations that Paul Chesley Rafferty was knowingly concerned in the breaches of the Trade Practices Act by Internet Registry.
An order directing Internet Registry to send out a corrective mail-out and file an Affidavit confirming that it has done so.
The matter has been set down for an interlocutory hearing at 10.15am on Thursday 27 September 2002.
As soon as registrants started to receive the NetRegister mail out, phone calls and emails to auDA began, auDA CEO, Chris Disspain said.
auDA, the ACCC and industry participants have been inundated with queries over the last 10 days from recipients of the mail out concerned that they were about to lose their domain name. No previous domain name communication has caused so much confusion or concern amongst the public.
After proceedings were filed with the Federal Court yesterday the Respondents provided the undertakings sought by auDA. However, auDA is seeking further relief and so, at present, the proceedings are still on foot.
Internet Registry Pty Ltd and NetRegister have no connection whatsoever with auDA accredited registrar NetRegistry Pty Ltd.
auDA is seeking certain interlocutory injunctions and, as final relief;
Declarations that the mail out is misleading or deceptive in certain respects;
Declarations that Internet Registry has engaged in conduct which is misleading or deceptive in breach of the Trade Practices Act and, in breach of the Act, has falsely represented the need for services.
Declarations that Paul Chesley Rafferty was knowingly concerned in the breaches of the Trade Practices Act by Internet Registry.
An order directing Internet Registry to send out a corrective mail-out and file an Affidavit confirming that it has done so.
The matter has been set down for an interlocutory hearing at 10.15am on Thursday 27 September 2002.
As soon as registrants started to receive the NetRegister mail out, phone calls and emails to auDA began, auDA CEO, Chris Disspain said.
auDA, the ACCC and industry participants have been inundated with queries over the last 10 days from recipients of the mail out concerned that they were about to lose their domain name. No previous domain name communication has caused so much confusion or concern amongst the public.
After proceedings were filed with the Federal Court yesterday the Respondents provided the undertakings sought by auDA. However, auDA is seeking further relief and so, at present, the proceedings are still on foot.
Internet Registry Pty Ltd and NetRegister have no connection whatsoever with auDA accredited registrar NetRegistry Pty Ltd.