Domain Names Australia Pty Ltd and Chesley Paul Rafferty
ss. 52, 64(2A). Alleged misleading or deceptive conduct, unsolicited services—asserted right to payment
17 September 2003: Proceedings were instituted in the Federal Court, Melbourne, against internet domain name supplier Domain Names Australia Pty Ltd and its sole director Chesley Paul Rafferty. The ACCC alleges that Domain Names has made false or misleading representations to businesses that held a registered internet domain name since at least June 2003. Domain Names sent notices inviting them to register a new internet domain name that was substantially similar to the business’s existing domain name and styled like an invoice.
27 April 2004: The court made final orders regarding declaratory and injunctive relief against internet domain name facilitator Domain Names Australia Pty Ltd and its sole director, Chesley Paul Rafferty. The court found that the company and Mr Rafferty had engaged in misleading or deceptive conduct or conduct likely to mislead or deceive in breach of s. 52 of the Trade Practices Act.
7 May 2004: The court ordered the company and Mr Rafferty to pay the ACCC’s costs. The company and Mr Rafferty have appealed the court’s decision.
24 August 2004: An appeal against the ruling of 27 April 2004 was heard on 24 August 2004. The decision was reserved until 30 October.
10 September 2004: In a unanimous judgment, Justices Wilcox, Heerey and R D Nicholson dismissed the appeal and ordered Domain Names and Mr Rafferty to pay the ACCC's costs.
