Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Siminton v Australian Prudential Regulation Authority [2008] FCAFC 89
CONTEMPT – appeal from finding of contempt based on failure to pay fine imposed by Full Court – whether motion for contempt brought in correct proceeding – where appropriate to commence contempt charges in principal proceedings CONTEMPT – appeal from finding of contempt based on failure to pay fine imposed by Full Court – whether primary judge wrongly acted on inferences arising from fact that appellant give no evidence – where inferences correctly drawn CONTEMPT – appeal from finding of contempt based on failure to pay fine imposed by Full Court – whether necessary to show capacity to pay whole of fine to show contempt – where capacity to pay part of fine is sufficient –– where only funds available to pay fine were subject to earlier restraining order – where to pay fine would constitute breach of the restraining order – held that it was therefore not shown that appellant had the capacity to pay fine – accordingly charge for contempt not be made out – appeal upheld
Banking Act 1959 (Cth) Federal Court of Australia Act 1976 (Cth) s 31(1) Federal Court of Australia Rules O37 r 2, O 40 r 5 Judiciary Act 1903 (Cth) s 24 Australasian Meat Industry Employees Union v Mudginberri Station Pty Ltd (1986) 161 CLR 98 cited Australian Consolidated Press v Morgan (1965) 112 CLR 483 cited Australian Prudential Regulation Authority v Siminton (No 3) [2006] FCA 397 cited Australian Prudential Regulation Authority v Siminton (No 5) [2006] FCA 1340 affirmed Australian Prudential Regulation Authority v Siminton (No 7) [2007] FCA 1609 affirmed Australian Prudential Regulation Authority v Siminton (No 8) [2007] FCA 1612 reversed Siminton v Australian Prudential Regulation Authority [2008] FCAFC 88 referred to Siminton v Australian Prudential Regulation Authority [2008] FCAFC 90 referred to Siminton v Australian Prudential Regulation Authority (2006) 152 FCR 129 cited Witham v Holloway (1995) 183 CLR 525 cited
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate