auDA has become a secret society of late. All previous Board Minutes and Agendas have been taken down. This is despite an assurance at the auDA AGM in November from Stuart Benjamin (Chair, auDA) and Cameron Boardman (CEO) that communication and transparency with Members would improve.
Fortunately though, the Membership List is still available online – current as at 3rd April. And this is the thrust of today’s article.
Why Is Stuart Benjamin Still Listed As A Demand Class Member?
As many may recall, there was a “secret move” to install Stuart Benjamin as an Independent Director in November 2016 (just before the AGM). This is part of what I wrote back in December:
“As I’ve written constantly on this blog, there has been a total lack of communication (to members) by the auDA Board on the Cameron Ralph Report (and the recommendations thereof). Not to mention many other things. E.g. The sudden move to have Stuart Benjamin resign as a Demand Class Director and Chairman, and then be contemporaneously appointed an Independent Director (and reappointed as Chairman) was seen as “sneaky” by some. Particularly as it was done only a couple weeks before the AGM.”
However, in order to do this, he had to resign as a Demand Class Director and a Demand Class Member. This from the November 14 Minutes (I happened to have a copy!).
At the November AGM, a former auDA Director (Cheryl Langdon-Orr) questioned the legitimacy of this move, and Erhan Karabardak (Deputy Chair, auDA) responded. For your info, I have the audio of question and answer.
Questions
♦ Is Stuart Benjamin still a Demand Class Member as indicated on the Membership List?
♦ Did he vote at the November 2016 AGM? (He told me at the meeting that he had supported Simon Johnson in his re-election).
♦ Is he truly an Independent Director and Chair?
If auDA now claims his removal from the Membership List was just an oversight, then that’s not really acceptable. Particularly given the spotlight on the mechanics of this appointment.
auDA has had time to update the list for other membership changes – see below. I’ve compared membership lists from November 2016 to the current one. In the 3rd April table, new members are shown in green – in the 2016 table, red denotes people who are no longer members in 2017.
Stuart Benjamin is there “loud and proud” in both lists.
As always, I’m interested in your thoughts and comments.
| Demand Members as at 2016 AGM | Demand Members as at 3 April 2017 |
| Accommodation @ Australia Pty Ltd | Accommodation @ Australia Pty Ltd |
| Adrian Bartlett | Adrian Bartlett |
| Alan Isherwood | Alan Isherwood |
| Amanda Edwards | Amanda Edwards |
| Amanda Lawrence | Amanda Lawrence |
| Amba Communications Pty Ltd | Amba Communications Pty Ltd |
| Andrew J Cole | Andrew J Cole |
| Andrew Robinson | Andrew Robinson |
| Andrew Wright | Andrew Wright |
| Angelo Dounis | Angelo Dounis |
| Angelo Giuffrida | Angelo Giuffrida |
| Anna Johnson | Anna Johnson |
| Anthony Alabakov | Anthony Alabakov |
| Anthony Blackie | Anthony Blackie |
| Anthony Campbell | Anthony Campbell |
| Anthony James Conaghan | Anthony James Conaghan |
| AusRegistry Group Pty Ltd | Anthony James McCreath |
| Australian Communications Consumer Action Network | AusRegistry Group Pty Ltd |
| Australian Web Industry Association Inc | Australian Communications Consumer Action Network |
| Beads Pty Ltd | Beads Pty Ltd |
| Beare Investments Pty Ltd | Beare Investments Pty Ltd |
| Belinda Wadeson | Belinda Wadeson |
| Benjamin Ball | BigBangDomains.com.au |
| BigBangDomains.com.au | Blake Media Group Pty Ltd |
| Blake Media Group Pty Ltd | Bradey Smith |
| Brendan Fitzgerald | Brendan Fitzgerald |
| Brett Koch | Brendan Smith |
| Bruce Smith | Brett Koch |
| Bruce Tonkin | Bruce Smith |
| Calie Salter | Bruce Tonkin |
| Cameron Groppi | Calie Salter |
| Caroline Gonzalez | Cameron Groppi |
| Cheryl Langdon-Orr | Caniluna Pty Ltd |
| Chiliad Consulting Pty Ltd | Caroline Gonzalez |
| Chris Burgess | Cheryl Bromfield |
| Chris Chaundy | Cheryl Langdon-Orr |
| Chris Gryg | Chiliad Consulting Pty Ltd |
| Chris Jennings | Chris Burgess |
| Chris Wright | Chris Chaundy |
| Christine Osterloo | Chris Gryg |
| Colin Jones | Chris Jennings |
| Computing Assistance Support and Education Inc (CA | Chris Wright |
| Cooper Mills Pty Ltd | Christine Mackenzie |
| Craig Ng | Christine Osterloo |
| Craig O’Toole | Clive Bartlett |
| Craig Smithers | Colin Jones |
| David Connolly | Computing Assistance Support and Education Inc (CA |
| David Goldstein | Cooper Mills Pty Ltd |
| David Kal | Courtney John Fabian |
| David Keegel | Craig Marchant |
| David Priest | Craig Ng |
| David Purdue | Craig O’Toole |
| David Thompson | Craig Smithers |
| Davies Collison Cave Patent and Trade Mark Attorne | David Goldstein |
| Dent Medic Pty Ltd | David Keegel |
| Derek Whitehead | David Priest |
| Dimitri Rytsk | David Purdue |
| Dinesh George | David Thompson |
| Dirk Hunter | Davies Collison Cave Patent and Trade Mark Attorne |
| Dotrader Pty Ltd | Dent Medic Pty Ltd |
| Eamon McGrath | Derek Whitehead |
| Edward Keay-Smith | Digital Monopoly Pty Ltd |
| Electronic Frontiers Australia Inc | Dimitri Rytsk |
| Elizabeth Keys | Dinesh George |
| Emma Weekly | Dirk Hunter |
| Erhan Karabardak | Dotrader Pty Ltd |
| Eric Karabardak | Eamon McGrath |
| Erwin Groen | Elizabeth Keys |
| eTrading Pty Ltd | Emma Weekly |
| Federick Stark | Erhan Karabardak |
| FFA Services Pty Ltd | Eric Karabardak |
| Frances O’Meara | Eric S Johnson |
| Gabriela Facci | Erwin Groen |
| George Fong | eTrading Pty Ltd |
| George Pongas | Federick Stark |
| Gordon Frend | FFA Services Pty Ltd |
| Graham Gooley | Frances O’Meara |
| Grant Wiltshire | Gabriela Facci |
| Gurmeet Macker | George Fong |
| Helen Beckman | George Pongas |
| Helena Kingston | Gordon Frend |
| Holly Raiche | Graham Gooley |
| Ian Halson | Grant Wiltshire |
| Imogen Corliss | Gurmeet Macker |
| Insure QLD Pty Ltd | Helen Beckman |
| Internet Association of Australia Inc (IAA) | Helena Kingston |
| Internet Shop | Holly Raiche |
| Internet Society of Australia | Ian Halson |
| iSolutions Technologies Pty Ltd | Imogen Corliss |
| Jack Fitzgerald | Insolvency Notices Pty Ltd |
| Jack Simpson | Insure QLD Pty Ltd |
| Jarrod Kagan | Internet Association of Australia Inc (IAA) |
| Jason Squire | Internet Shop |
| Jeff Marr | Internet Society of Australia |
| Jenny Johnston | iSolutions Technologies Pty Ltd |
| Jenny Ng | Jack Fitzgerald |
| Jenny Wiltshire | Jade Fitzgerald |
| Jeremy Feiglin | James Chesters |
| Jessica Moore | Jarrod Kagan |
| Jezweb Pty Ltd | Jason Squire |
| Joe Thymian | Jeff Marr |
| John Graham | Jenny Johnston |
| John Kolenda | Jenny Ng |
| John Nugent | Jenny Wiltshire |
| John Ostermeyer | Jeremy Feiglin |
| John Selby | Jessica Moore |
| John Swinson | Jezweb Pty Ltd |
| Jonathan Gleeson | Joe Thymian |
| Jonathon Lawrence | John Graham |
| Joshua Rowe | John Kolenda |
| Joshua Todd Cowper | John Nugent |
| Juliet Summers | John Ostermeyer |
| Jump Pty Ltd | John Selby |
| Kamdha Pty Ltd | John Swinson |
| Kane Maneylaws | Johnny Ho |
| Karen Zhang | Jonathan Gleeson |
| Karl Schaffarczyk | Jonathon Lawrence |
| Katie Halson | Joshua Rowe |
| Keith Besgrove | Joshua Todd Cowper |
| Ken Brandt | Juliet Summers |
| Kevin Karp | Jump Pty Ltd |
| Kevin O’Brien | Kamdha Pty Ltd |
| Khajaque Kortian | Kane Maneylaws |
| Kids Media Pty Ltd | Karen Zhang |
| Kim Davies | Karl Schaffarczyk |
| Kim Harvey – Keddy | Katie Halson |
| Kimberley Heitman | Keith Besgrove |
| Kimberley Lowton | Keith Bower |
| Kristina Kingston | Ken Brandt |
| Kym Squire | Kevin Karp |
| Laurie Patton | Kevin O’Brien |
| Leanne O’Donnell | Kevin Sutherland |
| LemonStone Group Pty Ltd | Khajaque Kortian |
| Levins Consulting | Kids Media Pty Ltd |
| Lindok Pty Ltd | Kim Davies |
| Linux Australia Inc | Kimberley Lowton |
| Lion Global Pty Ltd | Kristina Kingston |
| Louis Crossing | Krystyna Stedman |
| Louise Meyers | Kym Squire |
| Lucas Benning | Laurie Patton |
| Luke Carlos Dale | Leanne O’Donnell |
| Luke Cuthbertson | LemonStone Group Pty Ltd |
| Luke Grogan | Lindok Pty Ltd |
| Luke O’Meara | Linux Australia Inc |
| Luke Summers | Lion Global Pty Ltd |
| Lyrek Business Services Pty Ltd | Louis Crossing |
| Maddocks | Louise Meyers |
| Maggie Whitnall | Lucas Benning |
| Mark Sinclair | Lucian Popaly |
| Mark Smith T/A Brennan and Smith Optometrists – Ar | Luke Carlos Dale |
| Martin Freckmann | Luke Cuthbertson |
| Martin Verhulst | Luke Grogan |
| Max Webb | Luke O’Meara |
| Michael Mckinnon | Luke Summers |
| Michelle Hayes | Lyrek Business Services Pty Ltd |
| Miguel Wood | Maddocks |
| Moniker Pty Ltd | Maggie Whitnall |
| Naomi Benjamin | Marc Boschma |
| Naomi Rowe | Mark Sinclair |
| Narelle Clark | Mark Smith T/A Brennan and Smith Optometrists – Ar |
| Natasha Dwyer | Martin Freckmann |
| Ned O’Meara | Martin Verhulst |
| Nick Bell | Mauro Santos Otero |
| Niels Endres | Max Webb |
| Norman Bruce Munro | Michael De Wildt |
| Online Referral Networks Australia | Michelle Hayes |
| Ozlem Hassan | Miguel Wood |
| Pacific Fund Pty Ltd | Moniker Pty Ltd |
| Patrick Brown | Myles Harris |
| Paul Hughes | Naomi Rowe |
| Paul Johnson | Narelle Clark |
| Paul Levins | Natasha Dwyer |
| Paul Shaw | Ned O’Meara |
| Paul Stephen Cormack | Nick Bell |
| Paul Woods | Niels Endres |
| Paul Young | Nikki Scholes |
| Peter Anderson | Norman Bruce Munro |
| Peter Berry | Online Referral Networks Australia |
| Peter Jetnikoff | Ozlem Hassan |
| Peter Mead | Pacific Fund Pty Ltd |
| Peter Moon | Paul Hughes |
| Peter Tonoli | Paul Johnson |
| Pip Cuming | Paul Shaw |
| R & B Security Services Pty Ltd | Paul Stephen Cormack |
| Raymond Marshall | Paul Woods |
| Rhys Ritchie | Paul Young |
| Richard Burleigh | Peter Berry |
| Richard Green | Peter Jetnikoff |
| Robin Schmitt | Peter Mead |
| Rod Seeber | Peter Moon |
| Rudy Labordus | Peter Moran |
| Sam Bennett | Peter Tonoli |
| Sam Bennett | Phillip Parker |
| Sarah Pike | Pip Cuming |
| Sasha Zander | R & B Security Services Pty Ltd |
| Scott Long | Richard Burleigh |
| Scott Peterson | Richard Green |
| Scriven Holdings Pty Ltd | Robin Schmitt |
| Sean Fogarty | Rod Seeber |
| Search Global Pty Ltd trading as Stewart Media | Roger Ward |
| Serap Yeni | Sarah Pike |
| Shanan Dahlen | Sasha Zander |
| Shane Moore | Scott Long |
| Shaun Ewing | Scott Peterson |
| Shelston IP | Scriven Holdings Pty Ltd |
| Simon Johnson | Sean Fogarty |
| Simon Keddy | Search Global Pty Ltd trading as Stewart Media |
| Simply Honest Pty Ltd | Shanan Dahlen |
| Sports Geek Pty Ltd | Shane Moore |
| Steve Sammartino | Shaun Ewing |
| Steve Vallas | Sheldon Cambell |
| Steve White | Shelston IP |
| Steven Stroud | Simon Delzoppo |
| Stuart Benjamin | Simon Johnson |
| Studentnet | Simon Keddy |
| Susan Mack | Simon Wilson |
| Telco Together Foundation | Simply Honest Pty Ltd |
| Teresa Mitchell | Sports Geek Pty Ltd |
| The Institute of Patent and Trademark Attorneys of | Steve Sammartino |
| The University of Queensland trading as AUSCERT | Steve Skinner |
| Theo Hranakis | Steve White |
| Timothy Connell | Steven Stroud |
| Tom Templeton | Stuart Benjamin |
| Traffic Sauce Pty Ltd | Studentnet |
| Two Bulls Holdings Pty Ltd | Suelette Dreyfus |
| Verity Shepherdson | Susan Mack |
| Vicki Gottliebsen | Telco Together Foundation |
| Visatec Legal Pty Ltd | Teresa Mitchell |
| Western Australian Internet Association (WAIA) | The Institute of Patent and Trademark Attorneys of |
| William Lye | The University of Queensland trading as AUSCERT |
| XD Global Pty Ltd | Theo Hranakis |
| Yi Tong | Timothy Connell |
| YOURLifeChoices | Traffic Sauce Pty Ltd |
| Two Bulls Holdings Pty Ltd | |
| Verity Shepherdson | |
| Vicki Gottliebsen | |
| Visatec Legal Pty Ltd | |
| William Lye | |
| XD Global Pty Ltd | |
|
Yi Tong |
Ned O’Meara – 1st May 2017
Disclaimer
I share your concern Ned, auDA must be more transparent with members and other stakeholders. I will be interested to see how the organisation responds to this.
It didn’t take them long to respond Josh. The power of the pen.
The membership list now has no trace of Stuart Benjamin!
Fortunately, WayBack machine backs me up; and I did get independent people to do screenshots as well. I don’t want auDA to tell people that I made this up. 😉
But what bearing did/does this have on anything?
@Ishmail – as you will see in another article that I am preparing, auDA was at great pains at the AGM to talk about the need for the membership list to be thoroughly audited. They believed there were some suspicious activities i.e. attempts to stack the membership for voting purposes.
So there are three issues I have highlighted:
1. You can’t be an Independent Director if you are a Demand Class or Supply Class Member.
2. Did Stuart Benjamin actually (and properly) resign as a Demand Class Member and Director?
3. If he did; given the spotlight on memberships generally; I have to wonder why auDA couldn’t do something as simple as keep their own house in order and update the list? They updated it for other members.
auDA, the auDA Board, their expenses, methods for hiring staff and allocating Board membership roles, contractors, tenders, policy changes, censorship of meeting minutes and previously public auDA website material, stacking of demand membership by Supply related entities, processes around surveys, conflicts of interest, past audit’s all need to be investigated and action taken.
When people at auDA themselves have said someone previously at auDA “should be in jail /gaol” you know there must be even more wrong at auDA than we all now, including government oversight who obviously have not been doing their job over the years.
Also noteworthy is how a supply auDA board member representing Crazy Domains received only 3 votes when they ran themselves for the auDA Board yet they now find themselves in a power role on the auDA “Supply run” Board. auDA had taken action against Crazy Domains and published vast issues on the website previously.. Let’s see how long that stays up before it is also deleted off by auDA.
https://www.auda.org.au/news/further-breaches-of-registrar-agreement-by-crazy-domains/
https://www.auda.org.au/news/information-about-crazy-domains-pty-ltds-breach-of-registrar-agreement/
When people have made over $100 million from auDA Policy and related contracts and have had representation on the auDA Board lot’s of questions arise.
What action was taken bv auDA when an auDA Board member sent out vast yes only vote campaign materials to push through and “stack” voting for their proposed additional competing .au extension? Did auDA themselves stand up to the auDA board who said this was all ok and was not a conflict of interest when clearly it was?
Time is overdue for the Government to really take action. They may be better off taking over the Domain Name Administration and wholesale registry themselves and taking the $10+ million off auDA it has still in the bank it has made in profits ( after all taxes and expenses!)
This is now beyond a joke It is very serious. Even past board members and staff are finally speaking out… where they can.
Thank you for your article and continued concern and dilegence regarding auDA Ned, I for one was certainly not either impressed or convinced by the answering of my question raised at the last AGM, as your readers may explore for themselves with the record you have kindly supplied.
It makes you question the ethics of the independent directors and the intelligence of the others.
Optics are not good. Schoolboy error. CEO, Benjamin and Karabardak should have been all over this.
This is a good point. Were the resignation documents tabled at the board meeting; who prepared them? If they weren’t tabled, then the efficacy of Benjamin’s election is in severe doubt. If they were, then the CEO should admonish himself. Buck stops with him.
It’s unfortunate that the auDA board minutes are no longer available publicly for auDA members to inspect.
https://twitter.com/joshrowe/status/841030934770081792
@Josh – agreed!
Josh and Cheryl,
You and others have a lot of knowledge about the auDA issues.
Get everyone including past staff and past directors you know engaged and posting what they know on domainer.com.au http://www.dntrade.com.au and twitter.
It appears only by domain name industry experienced people speaking up will anything improve….auDA is deleting the important public info off their website as fast as they can…Thank goodness a lot of people are know keeping records and we have the wayback machine and other backups. I am sure some people are seeing how they can even delete that?
https://web.archive.org/web/*/auda.org.au
Everyone was promised and assured the new auDA ( Staff, Board, processes) would be far better…it appears things have not only gotten worse but to the point of auDA not longer being even remotely qualified to continue performing it’s role to the Government.
Now everyone including the new auDA Ceo calls it “Australian Critical Infrastructure” The government can’t just wipe their own hands of this joke of a ” self regulatory” body. If it was Australian Critical Infrastructure the questions expand into why was a foreign company allowed to completely take over the “Australian Critical Infrastructure” Wholesale Registry at all… $$$$ seem to be answer? It went through the auDA board quickly for the tick of approval.
Wouldn’t Australia Taxpayers have been better to reap the $118 million+ windfall + those 16 years of yearly $millions in wholesale registry profits than some related parties on the auDA Board others and media wrote about?
Neustar said they bought Ausregistry for the profits.. this says a lot… That is clearly not thinking in terms of the rights of Australian Domain Name Supply ( registrars & resellers) or Australian Demand Consumers ( Domain name owners).
https://www.crn.com.au/news/118m-payday-for-melbourne-domain-name-firm-407350
Who is auDA thinking of and really acting for? It surely appears to not be for the 3 million+ existing paying domain name registrants who financially have been feeding it. 99% of people who own Australian domain names do not even know who auDA is…. maybe auDA & the Board likes it this way?
Hi Josh,
I clicked on your twitter snap and saw auDA response, Ongoing Governance Reform. He mentioned the Cameron Ralph report 2016 is to be the standard for best practice at auDA – Strange, I can’t find that report on the auDA website; I would have thought it would be under the link “Reviews of auDA”?
Geee…at this rate, the auDA website will be a blank screen.
@Legal Eagle – agree with you on the optics. As Jeff says, CEO should make a statement to clarify.
The CEO should make a statement to give members confidence and set the record straight. Let’s hope there’s no sudden backdating of documents.
Jeff
@Jeff – agreed on both counts!
Surely it only takes one current director to eyeball the minutes to confirm this.
If only we had a director on our side.
I know the events were “minuted”, but what many now want to know is was it properly documented at the time (Stuart’s resignations). And if so, were these documents filed with the minutes? If they were, why wasn’t the membership list updated? They’ve had nearly six months to do this – and they’ve certainly updated other members comings and goings in this time.
It’s a fair question to ask – the Chair and the CEO should be held to a higher standard than anyone else.
Ausregistry Group PTY LTD is a “Demand Class Member”? But wait, it has always been a “supply class” entity.
Let’s do a simple search: abr.business.gov.au
Ausregistry Group PTY LTD is not found in a ASIC search because; its name changed to BOMBORA TECHNOLOGIES PTY LTD
Who is BOMBORA TECHNOLOGIES PTY LTD?
Neustar Inc.
Neustar Inc. acquired Bombora Technologies and its subsidiaries, which includes ARI Registry Services.
Who is Neustar Inc?
An American technology company that provides domain name registry for .biz, .us .co, and .nyc top-level domains.
Wait, this can’t be happening? Ausregistry is the Registry Operator and is listed as a “demand class” member on the auDA – with a privilege to vote to or for a demand class director whilst also, voting on the supply class side as Ausregistry PTY LTD?
I don’t think they qualify for “demand status” do you?
auDA Membership rules:
9.4 Qualification for Supply Class Membership
Any Legal Person that is a Registry Operator, an auDA accredited Registrar, or a reseller appointed by an auDA accredited Registrar, in the .au name space, qualifies to be a Supply Class Member.
If a group of related entities (as defined in the Corporations Law) consists of more than one Legal Person who qualifies for Supply Class membership, then only one such Legal Person within the group may apply to be a Supply Class Member.
Here’s the definition as per the Corporations Law:
“related entity “in relation to a body corporate, means any of the following:
(a) a promoter of the body;
(b) a relative of such a promoter;
(c) a relative of a spouse of such a promoter;
(d) a director or member of the body or of a related body corporate;
(e) a relative of such a director or member;
(f) a relative of a spouse of such a director or member;
(g) a body corporate that is related to the first-mentioned body;
(h) a beneficiary under a trust of which the first-mentioned body is or has at any time been a trustee;
(i) a relative of such a beneficiary;
(j) a relative of a spouse of such a beneficiary;
(k) a body corporate one of whose directors is also a director of the first-mentioned body;
(l) a trustee of a trust under which a person is a beneficiary, where the person is a related entity
of the first-mentioned body because of any other application or applications of this definition.
http://www.austlii.edu.au/au/legis/cth/consol_act/ca2001172/s9.html
And George Pongas (General Manager) AusRegistry Pty Ltd is a demand class member too. Conflicts nah. Stacking nah. Smells yep.
Simon Delzoppo, founder of Ausregistry. Hmm seems like a bonafide demand class type.
Demand class members Courtney Fabian and Lucian Popaly seem to be Ausregistry employees. https://www.ausregistry.com.au/channel-talk-30-years-of-au/
A sizeable % of demand members have links to supply organisations.. what has auDA done about it? Nothing… Yes they know.