DNA appeal dismissed

Posted by Jo Lim on 10 September 2004

Melbourne, 10 September 2004 - In April this year Justice Finkelstein found that various domain name notices sent by Domain Names Australia (DNA) in July and September 2003 were, as alleged by auDA, misleading and deceptive.

DNA and its Director Chesley Rafferty lodged an appeal to the Federal Court against that decision. The appeal was heard on 24 August 2004.

The judgement, published today, dismisses all aspects the appeal and awards costs to auDA.

Chris Disspain CEO of auDA said, “auDA is delighted that the Federal Court has confirmed the findings of Justice Finkelstein.  Having dealt with this appeal we will now have the matter re-listed before Justice Finkelstein to obtain a timetable for the conduct of the class action in order to secure refunds from DNA and Rafferty for the many thousands of people who have been misled and deceived by these notices.”

“auDA reiterates its advice that whilst misleading and deceptive notices, like the ones sent out by DNA and Chesley Rafferty, are rare, all Australians should register or renew their .au domain names only through an auDA accredited registrar or appointed reseller,” Mr Disspain concluded.


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 functions:

  • develop and implement domain name policy
  • license 2LD registry operators
  • accredit and license registrars
  • implement consumer safeguards
  • facilitate .au Dispute Resolution Policy
  • represent .au at ICANN and other international fora.

For more information:

Blackie McDonald

Grant Thomas, Account Director or Luke Dean, Account Manager
02 9929 0200