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auDA request to High Court to delay SGM 2018

DomainNames

Top Contributor
We must have someone on the auDA Board who starts to look at the Consumer side of issues and represents that concern on the auDA Board more seriously. It has highlighted ion numerous Government documents to auDA as being a concern but auDA and Board seem to keep ignoring it.

1. What is the new wholesale price? Afilias won the contract with a 60% lower price than we have now.
2. What are auDA Markjeting funds and how are they paid out to Registrars?
3. What Registrars pass on the lower wholesale pricing?
4,. Is there some agreement or direction that Registrars will not pass on the lower wholesale price they can only use the money for "marketing"?
5. What is the truth about the 50% co marketing money? Should members and Consumers know about this?
6. FREE COR- Yes it is possible. Will it be live 1st July 2018?
7. auDA is supposed to be a "not for profit" yet they have over $20 million in the bank and their planned model has them making more profits. Why? This shows very poor mismanagement by auDA and the Board on the model and on all aspects of pricing and auDA expenses.
8. How long has this been going on and which Board Members are representing Consumers on this issue?
9. auDA should pass on the full 60% lower Afilias pricing to Registars and let the Registrars do what they want with it freely and not in any form of fixed "cartel" type manner act in in a manner which may stop them from passing it on to Resellers or .au domain name Consumers.
 
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DomainNames

Top Contributor
IF auDA really claims to be Accountable and Transparent it is time auDA and the Board started acting this way.

By not telling the truth about pricing and the "marketing" funds is is a very clear major issue which will be further exposed.

If the current auDA management and Board cannot fix this I support their removal and replacement with people or another organisation than can do it better and without all of the problems and massive expenses / waste auDA and Board are themselves in many cases creating.

How much has auDA spent on avoidable legal expnses over the last 2 years? It is $ Million of dollars?

I call on auDA Board to demand a full costs assessment of all legal fees auDA have paid for the last 2 years and to seek tenders for additional legal providers to make sure auDA funds are in no way wasted and we also get legal providers.

https://www.supremecourt.vic.gov.au/law-and-practice/areas-of-the-court/costs-court
http://lsbc.vic.gov.au/?page_id=3077

IF auDA and Board have not being getting itemised legal bills and seeking costs assessment in my opinion they may have been negligent in their duties to minimise all auDA expenses.
 
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DomainNames

Top Contributor
How much is auDA Management and Board paying and possibly wasting of auDA Funds on legal fights against it's past and present own staff, own Board members, own Members, Contractors or Suppliers?

Is poor management of the .au namespace and company by auDA and Board creating avoidable legal expenses?


"Complain about legal costs and bills
This page covers complaints you may have with your legal costs or the bill for your legal matter.

What can you do?
You can talk directly to your lawyer about your concerns. Many problems can be quickly fixed this way.

You can also call or email us to discuss making a complaint.

Tel: 1300 796 344

Email: admin@lsbc.vic.gov.au

If you prefer, you can come in and discuss your concerns with us in person.

If your bill is older than the time limits, we may be able to extend the timeframe, but only if certain circumstances exist. Please contact us to discuss your complaint.

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To make a complaint on behalf of another person, you need to have their authority to do so. Call us to discuss this if it applies to you.

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There are dollar limits on the amount you can complain about:

  • the total bill must be less than $100,000 (including barrister’s costs), or
  • if the total bill is $100,000 or more, the amount you are disputing must be under $10,000.
Outside of these limits, we may be able to assist on an informal basis if the lawyer agrees to participate in negotiations.

What if we are cannot accept your complaint?
There are times when we may not be able to help you with a complaint. If this is the case, we can explain your rights to:

Our fact sheet Legal costs – What rights does a consumer have? (250KB PDF) explains your rights in more detail.
How the complaints process works
What information do we need?
We need certain information from you so we can discuss your concerns with your lawyer.

We will ask you to provide:

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We may ask for more information later.

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We will try to help you and your lawyer reach an agreement on what costs are payable. Our service is free and our staff are impartial, meaning that we do not take sides with you or the lawyer.

We need all parties to negotiate in good faith, which means being prepared to understand the views of the other party and to compromise on certain issues, where appropriate. The process can take days or weeks to reach a result you both agree to.

Commissioner determinations
In very limited circumstances, we can make a legally-binding order, or determination, on how much the lawyer can charge for their work. We may also order the lawyer to take some other action to fix the problem. If we make a determination on your complaint, we will fully explain what this means to you. Examples of previous determinations are available on our Commissioner Determinations page.

Taking it further
Sometimes after we accept a complaint, we are not able to help you and your lawyer resolve it. In these rare cases, we will explain to you and your lawyer how you can take your complaint to VCAT (for disputes under $25,000), or to the Costs Court (for disputes over $25,000).

Other complaints
Your complaint might involve other matters in addition to your legal costs or your bill. We can also receive complaints about the quality of service you received from your lawyer and the way your lawyer behaved towards you. We handle these types of complaints in different ways.

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For information on complaints about the behaviour of a lawyer, see our Complain about conduct and behaviour page.

Further information
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Bacon Farmer

Top Contributor
Apparently the $70,000 cost of the last SGM can be broken down to:

Venue hire and online services about $6k.

Director, auDA normal operating and legal costs make up the rest.

Oh dear that's one leg gone.
 

DomainNames

Top Contributor
Apparently the $70,000 cost of the last SGM can be broken down to:

Venue hire and online services about $6k.

Director, auDA normal operating and legal costs make up the rest.

Oh dear that's one leg gone.

auDA have made a claim it costs $70,000. Now tio be accountable and Transparent they must provide the itemised breakdown.

Is it B.S.? Did they make a false and misleading claim in their court documents and statements to misrepresent matters?

They must provide the breakdown and let's see the Legal costs and Director payments / auDA portion of it.
 

Bacon Farmer

Top Contributor
Thx, can you post it please..

..for some reason I think many people have their emails from auDA classed as "SPAM" automatically by email providers so people miss them....
You've got mail.

I'm not sure if it's privileged or confidential so do not wish to post it.
 

Jimboot

Top Contributor
Apparently the $70,000 cost of the last SGM can be broken down to:

Venue hire and online services about $6k.

Director, auDA normal operating and legal costs make up the rest.

Oh dear that's one leg gone.
I can't find $6k
 

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DomainNames

Top Contributor
 

DomainNames

Top Contributor
Did auDA Mangement and auDA Board seek a costs assessment from their legal providers billing?

Where is the itemised Price Waterhouse Coopers legal billing? auDA should provide it and make it available to the public and all stakeholders.

auDA Management and Board created the problems which led to the SGM and claimed costs. It shows poor management of the .au namespace , that auDA Management and Board are not "Fit For Purpose" and wastage by auDA and the Board of .au domain name registrant Consumer funds.

Also note auDA was wrong saying they did not need to provide public agendas and minutes. It is in fact a signed off agreed requirement they committed to meet with the Commonwealth from the start. This auDA Management and Board mistake cost a lot of money and wastage of auDA funds plus other party Funds including government and members.

Perhaps newer auDA Management, newer lawyers and newer Board members should have done more research of existing auDA documents and agreements they had to abide by including the compulsory making of accurate auDA Board meeting minutes available to the public within set time periods.

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