However, Federal Communications Minister Malcolm Turnbull says the Government is considering removing that requirement.
Telstra's chief executive David Thodey says he believes Sensis can prosper more as a standalone business than under the telco's management. BBY telecommunications analyst Mark McDonnell says Telstra is one of the few telcos in the world to have held on to its directory arm for so long. Topics: business-economics-and-finance , telecommunications , takeovers , australia.
First posted January 13, Contact Michael Janda. If you have inside knowledge of a topic in the news, contact the ABC. ABC teams share the story behind the story and insights into the making of digital, TV and radio content.
Read about our editorial guiding principles and the standards ABC journalists and content makers follow. Learn more. By Paul Farrell. By Patrick Wood. The Irishman stars Hollywood luminaries Robert De Niro and Al Pacino, but don't expect it to be playing at your local cinema when it's officially released this week. Would Australia be better off with more religion? Should people keep religious views to themselves?
We asked, and the answers may surprise you, writes Annabel Crabb. Climate scientists are predicting a world with higher seas and more extreme weather events. So what does it mean for the property market? By business reporter Michael Janda. Photo: Telstra has sold 70 per cent of its directories business to private equity.
ABC News. February Sensis commits to keeping printed directories on an opt-out rather than opt-in basis. February Sensis slashes jobs as its revenues plunge due to stiff online competition. The Complainant Sensis Pty Ltd. A copy of the license was furnished with the Complaint.
This design mark consists of a bordered silhouette image of a hand with the first two fingers extended downward, all in black on a yellow background, and is often displayed adjacent to the YELLOW PAGES mark. The directories publish business names, telephone numbers, street addresses, and other information under various categories of commerce.
For additional fees, businesses may also publish advertisements in the directories. The Respondent is a Dutch company that has produced online business-to-consumer directories since , initially for Germany, Austria, and Switzerland and then for many regions of the United States of America and Canada. In , the Respondent took steps to launch online directories for the Australian market.
The Domain Names each resolve to business directory websites focused on the city, state, or region indicated by the Domain Names. That complaint was dismissed in Sensis Pty Ltd. The decision was dated July 14, The Complainants filed the current Complaint against the same Respondent largely on the basis of new evidence, as discussed below. The Complainant argues that new evidence supports the conclusion that the Respondent has no such legitimate interest in using that name, in combination with Australian geographic names, to form the Domain Names.
Where appropriate, the Panel refers to the Response submitted by the Respondent in the earlier UDRP proceeding, Sensis I , which was attached to the Complaint in the current proceeding and which is described in the Sensis I decision. Paragraph 4 a of the Policy provides that, in order to divest a respondent of a domain name, a complainant must demonstrate each of the following:. In Sensis I, the panel ruled against the same Complainants and in favor of the same Respondent, concerning the same ten Domain Names. The Complainants explain their refiling of a UDRP Complaint against the Respondent, some six months after the decision was issued in Sensis I , on the following grounds:.
There is no provision in the Policy, Rules, or Supplemental Rules for an administrative rehearing or appeal of a UDRP decision, although neither of the parties is precluded from submitting the dispute to a court of competent jurisdiction at any time, before or after a decision is rendered in the UDRP proceeding see Policy, paragraph 4 k. Thus, the current Complaint must be assessed on its merits in establishing each of the elements required by paragraph 4 a of the Policy. It cannot be treated simply as an appeal of particular findings or conclusions in the earlier UDRP proceeding.
The Policy itself is silent on the question of refiled complaints that is, complaints involving the same parties and domain names. There is no express prohibition against refiling complaints, and the Policy does not state any explicit standards for accepting or rejecting refiled complaints for consideration by a new panel.
It is conceivable that a well-funded complainant could simply refile successive complaints until it found a panel willing to order the transfer of the disputed domain name. This would not be a fair burden to impose on respondents, it would not be an efficient use of the resources of the dispute resolution service provider, and it would not promote consistency and predictability in UDRP decisions.
One provision of the Policy that may help deter such abuses is paragraph 15 e. While a finding of attempted Reverse Domain Name Hijacking or harassment would not prevent the complainant from filing successive complaints, it is likely that such a finding would influence successive panels in weighing the merits of a refiled complaint.
Such principles, as well as common exceptions to the doctrine of res judicata , are found in both common law and civil law jurisdictions, and with application to civil, criminal, administrative, and arbitral proceedings, as illustrated by the following examples:. Henderson , 3 Hare , 67 E. This principle is widely followed in Commonwealth countries as well, in legislation or jurisprudence. McCurry , U. In Grove , panelist Sir Ian Barker applied the common law principle that, once there is a decision following a defended hearing, a judicial complaint cannot be re-litigated unless either a the decision is overturned on appeal; or b limited grounds for rehearing or reconsideration have been established.
Such grounds include the following:. Marshall , 3All ER , for the following criteria:. The Creo panelist, Andrew F. Moniker Privacy Services, Motherboards.
In Jones Apparel Group Inc v. Jones Apparel Group. The panelist did not consider this unfair or prejudicial to the respondent, which failed to submit a response in either proceeding. The Complainants here quickly filed a UDRP complaint after learning that customers were being solicited by the Respondent, with some evidence that they were being misled as to a supposed affiliation with the Complainants.
Complainant on several occasions repeated that it received complaints from its customers regarding telefaxes received from Respondent, but Complainant failed to provide any evidence of such complaints. Complainant must surely have anticipated the need to support such an allegation with evidence. In Sensis I , the Respondent argued that it was not necessary for the Respondent to maintain a presence in Australia to operate an online directory service and denied that it was attempting to mislead Australian businesses.
This evidence is discussed further below. The Panel does not find that it rises to the level of demonstrating perjury or procedural misconduct on the part of the Respondent. However, the Panel is persuaded that much of this evidence is credible and material and could not reasonably have been known to the Complainants at the time of the earlier UDRP proceeding.
Some of it is based on subsequent investigations by competition and law enforcement authorities, with greater powers and more time to obtain affidavits and documentary evidence. Specifically, the prior panelist referred in footnotes to the following:. It is true that panelists must proceed with care in examining information beyond the documents submitted by the parties.
Those are accompanied by a signed certification of accuracy.
Browse by category to discover businesses in Perth, Western Australia. Headings in Perth - Southern Suburbs, Western Australia, beginning with the letter a in the Yellow Pages® directory.
No such certification validates information discovered independently by the panel. Moreover, a party can request an opportunity to reply to new or unforeseen arguments or evidence submitted by the opposing party.
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