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.au Domain Administration Ltd member funds used by Josh Rowe

Discussion in 'Domain News' started by Lemon, Dec 12, 2017.

  1. Lemon

    Lemon Membership: Trader

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    Dear Department of Communications and the Arts,

    We hereby make a request under the Freedom of Information Act 1982 (Cth) ("Act") to access certain documents relating to .au Domain Administration Ltd ("auDA"), as more fully described below.

    1. About auDA
    auDA is the administrator of the Domain Name System in Australia endorsed by the Australian Government to administer the .au domain space. Clause 19.8 of auDA's constitution states that a "representative of the Commonwealth of Australia may attend any meeting of the Board of.. [auDA] as an observer". We understand that the Department of Communications and the Arts is currently an observer on the auDA board.

    2.Background to the Request

    Information has come to light to suggest that auDA paid substantial sums of money, possibly as much as $120,000 for the personal legal expenses and settlement costs, of Joshua Luke Rowe (Josh Rowe), his company Sanctum Internet Pty Ltd ACN 076 596 104 and his friend Stephen John Moulton. Mr Rowe’s lawyers on record were auDA’s lawyers, Maddocks.

    The legal proceeding in question was Federal Court of Australia case number Court WAD239/2009 (‘the Proceeding’).

    https://www.righttoknow.org.au/requ...ests&utm_medium=link&utm_source=right+to+know

    3. Requested Documents
    I seek the following documents:
    1. All documents evidencing payments made by Chris Disspain and or auDA to Joshua Luke Rowe (Josh Rowe), Sanctum Internet Pty Ltd ACN 076 596 104 and Stephen John Moulton relating to the Proceeding or otherwise;

    2. All documents issued to auDA, Chris Disspain, Joshua Luke Rowe (Josh Rowe), Sanctum Internet Pty Ltd ACN 076 596 104, Stephen John Moulton including from Maddocks Lawyers where auDA funds were used to pay for the defense or legal costs of Josh Rowe, Sanctum Internet Pty Ltd ACN 076 596 104 or Stephen John Moulton;

    3. All documents evidencing any other secret (non-member approved) payments made by auDA or Chris Disspain to Josh Rowe or the other Respondents in the Proceeding;

    4. All documents detailing any advice or investigation (including by ASIC) about whether the payments received by Josh Rowe were in contravention of the Corporations Act, or whether they amounted to offenses under the Commonwealth Criminal Code or other laws of the Commonwealth;

    We look forward to hearing from you and please let us know if you require further information or would like to discuss.

    Yours faithfully,
    Ron Andruff

    https://www.righttoknow.org.au/request/au_domain_administration_ltd_mem
     
  2. DomainNames

    DomainNames Membership: Community

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    How many FOI's have been lodged about auDA and the auDA Foundation?

    A few are on that website but there must be more?

    When will auDA Members be advised of these by auDA with some explanation?

    The FOI'S raise a lot of questions about management of the .au namespace over the years and even now!

    Is the Government Review covering this stuff?

    https://www.righttoknow.org.au/request/au_historical_financial_irregula

    https://www.auda.org.au/about-auda/our-org/constitution/
    3.2 Activities
    Without reducing the effect of clause 4, auDA will see to achieve its principal purposes as set out in clause 3.1 through:
    a. ensuring the continued operational stability of the domain name system in Australia;
    b. establishing mechanisms to ensure it is responsive and accountable to the supply and demand sides of the Australian Internet Community;
    c. the promotion of competition in the provision of domain name services;

    d. the promotion of fair trading;
    e. the promotion of consumer protection;
    f. adopting open and transparent procedures which are inclusive of all parties having an interest in use of the domain name system in Australia;
    g. ensuring its operations produce timely outputs which are relevant to the needs of the Australian Internet Community.

    (Amended by Special Resolution, 14 August 2006)"
     
  3. PaulS

    PaulS Membership: Community

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    Lets not confuse the desire for excellent transparency and accountability with one man's personal vendetta against Chris Disspain.
     
    joshrowe and David Goldstein like this.
  4. DomainNames

    DomainNames Membership: Community

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    I would not rush to shoot the messenger....Ron Andruff has asked some serious questions of auDA over recent months. As you would know he is a very experienced player on the global domain name industry and in many cases he has been outspoken on even the "Icann gravy train" based on personal experience for many years.

    Without the FOI's various people have made auDA members, government and other stakeholders would have no clue of many auDA issues.

    It is a shame it takes public FOI's to get auDA accountability and transparency and find out things and even the FOI'S get rejected with many questions still unanswered of serious concern.
    https://www.righttoknow.org.au/request/au_historical_financial_irregula

    As a consumer who has paid auDA probably about $100,000 directly over the years in auDA .au wholesale price fees I want answers and if more people knew of these issues lot of others would also want to know and want action..Not just a report but action where possible.
    ___________

    Numerous people at auDA have said they want to keep the auDA wholesale price as it is an not reduce it. I will be making a government submission it needs to come down and all expenses need to be looked at.. $1.8 million of "consultant" fees in the last years alone is just crazy.

    auDA has over $13 million in the bank..seriously some see this as a cash cow. For a NFP the focus needs to get back onto the people who fund auDA and what rights we have all 2.6 million of us ( current .au registrants who pay auDA fees).

    auDA needs to cut of their own .au wholesale fee and cut auDA expenses to be within lower budgets, they then may value the money they receive a little more.

    If another organisation could do a better job than auDA and at a 50% lower .au wholesale price then every .au consumer would benefit. I believe this could be done and I am sure the government may also have an interest in supporting this.

    What we need is a few market "disrupters" to put forward a new proposal to manage the .au namespace which also includes management of the wholesale registry. The government should call for EOI'S or people should just submit their own unsolicited proposals as auDA themselves did years ago.