Friday, 8 June 2007 12:21 PM

Dear auDA team.
I note that googlebay.com.au name put on hold status by register
Intarserve recently.
Been a domain name registrant I have not received nor explanations nor
notification of this action.

Intarserve replied they ‘instructed by Ausregistry’.
Maggie Whitnall (Ausregistry Communications
Manager) replied: ‘I am assuming this was a direction from auDA’
Having no notifications from auDA I am assuming 'the instruction' was
not on behalf of auDA ether.

Would you be so kind to confirm one of above assumptions ?

Sincerely
Dimitri Rytsk

googlebay.com.au registrant

Thursday, 5 July 2007 12:05 PM

Dear Dimitri

I refer to your email below, and fax to auDA dated 2 July 2007.

Please note that under the auDRP Policy and Rules it is the role of the auDRP Provider (in this case, WIPO) to administer auDRP proceedings.

Accordingly, your questions and concerns should be raised directly with WIPO - email domain.disputes@wipo.int.

I have copied this email to domain.disputes@wipo.int.

Regards

Jo Lim
Chief Policy Officer
.au Domain Administration Ltd
1300 732 929
www.auda.org.au

Important Notice

This email may contain information which is confidential and/or subject to legal privilege, and is intended for the use of the named addressee only. If you are not the intended recipient, you must not use, disclose or copy any part of this email. If you have received this email by mistake, please notify the sender and delete this message immediately.

From: Manly Electronics [mailto:sales@manlyelectronics.com.au]
Sent: Tuesday, 3 July 2007 9:47 PM
To: tony.watson@middletons.com; elspeth.ross@auda.org.au; jo.lim@auda.org.au; lana.dalvi@intaserve.com
Subject: Copy of explanations request to WIPO

Dear Alejandro.

I need to clarify few uncertainties in your Notification before act accordingly.

I have received a hardcopy of Complaint submitted by Google Inc to WIPO concerning www.googlebay.com.au together with exhibits dated by 23 may 2007.

Section XII of the Complain stated that: fee has been made to WIPO by cheque.

A domain registrar Intaserve put domain name googlebay.com.au on “hold” at 25 May 2007 (2 days later)

Complaint Notification from WIPO received as an e-mail attachment in rtf format only at 21 June 2007.

Dates of receipt fees paid by Complainant are not present in the either notification from Complaint or Complaint Notification from WIPO.

No clear explanations to domain “lock” received from Intaserve upon my requests.

Contradictory e-mails from Intarserve refer to ether Ausregestry auDA or WIPO without any dates or documents has being received in a period 8 – 30 June.

Above do not comply with

auDRP Rules p.2.(h)(ii) Any communication by the Provider to any Party shall be copied to the other Party.
COMPLAINT NOTIFICATION INSTRUCTIONS for WIPO where WIPO should “Identify related submissions and dates of receipt”.
auDRP Rules p4(a)..The Provider shall review the complaint for administrative compliance with the Policy and these Rules and, if in compliance, shall forward the complaint (together with the explanatory cover sheet prescribed by the Provider's Supplemental Rules) to the Respondent, in the manner prescribed by Paragraph 2(a), within three (3) calendar days following receipt of the fees to be paid by the Complainant in accordance with Paragraph 19.
auDRP Rules p.19(b) No action shall be taken by the Provider on a complaint until it has received from Complainant the initial fee in accordance with Paragraph 19(a).
auDRP p.7.2 .. If the Panel decides that the domain name should be transferred or cancelled, the registrar is required to wait 10 business days before implementing the decision to allow for legal proceedings to be commenced.

This letter should not be considered as a response to the complaint.

A copy of this document may be forwarded to other appropriate administrative bodies.

Your Faithfully

Dimitri Rytsk