Clampett v Attorney-General of the Commonwealth of Australia [2009] FCAFC 151

FEDERAL COURT OF AUSTRALIA

Clampett v Attorney-General of the Commonwealth of Australia [2009] FCAFC 151

CONTEMPT OF COURT – contempt in the face of the Court – consideration of the principles governing the exercise of the power to punish for contempt in the face of the Court by the Court as constituted at the time of the contempt – consideration of s 17 of the Federal Magistrates Act 1999 (Cth) and r 19.01 of the Federal Magistrates Court Rules – consideration of the factors informing the exercise of the discretion under s 17(3) of the Federal Magistrates Act – consideration of whether the exercise of the discretion miscarried – consideration of whether a substantial miscarriage of justice occurred PRACTICE AND PROCEDURE – whether the Attorney-General or the Queen is the proper respondent in appeal of contempt in the face of the court

Federal Court of Australia Act 1976 (Cth) s 28(1)(f) Federal Magistrates Act 1999 (Cth) s 17 Federal Magistrates Court Rules 2001 (Cth) r 19.01

Australian Industry Group v Automative, Food, Metals, Engineering, Printing and Kindred Industries Union of Australia and Others (2001) 188 ALR 653, cited Conway v The Queen (2002) 209 CLR 203, cited Fraser v The Queen; Meredith v The Queen [1984] 3 NSWLR 212, distinguished John Fairfax & Sons Pty Ltd v McRae (1955) 93 CLR 351, discussed Keeley v Mr Justice Brooking (1979) 143 CLR 162, discussed Lewis v Judge Ogden (1984) 153 CLR 682, discussed O'Brian v Northern Territory of Australia (2003) 12 NTLR 218, cited Quartermaine v The Queen (1980) 143 CLR 595, cited R v Ogawa [2009] QCA 307, discussed Re Perkings; Mesto v Galpin 4 VR 505, distinguished Weiss v The Queen (2005) 224 CLR 300, cited Wilde v The Queen (1988) 164 CLR 365, cited

LEONARD WILLIAM CLAMPETT v ATTORNEY-GENERAL OF THE COMMONWEALTH OF AUSTRALIA