Powers of Internet Domain Name Country Code administrator confirmed: Capital Networks Pty Ltd v. auDomain Administration Limited *
by The Hon Neil Brown QC
The Hon Neil Brown QC is the former Minister for Communications in the Australian Government. He has been a barrister since 1964, a Queen’s Counsel since 1980 and now practises as an arbitrator and mediator.
In our second article, the Hon Neil Brown QC discusses the Federal Court decision in Capital Networks Pty Ltd v auDomain Administration Limited. This was an interesting case, involving a dispute between Capital Networks, a domain name registrar, and auDA, the administrator of the Australian country code top level domains (ccTLDs). The main issue was the extent to which a ccTLD administrator may control individual registrars. Significantly, the Court found that a ccTLD administrator was entitled to obtain information from a domain name registrar on how the registrar administered generic top level domains outside the Australian domain space, and on any other matter of a commercial nature. In Brown's view, the decision strengthens the authority of ccTLD administrators.
* (2004) FCAFC 324 (9 December 2004).
Full text to be posted shortly.
September 2005 contents
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