Federal Court of Australia
Federal Court of Australia
Mensink v Registrar of the Federal Court of Australia [2022] FCAFC 102 Appeal from: Registrar of the Federal Court of Australia v Mensink [2021] FCA 1152
File number(s): QUD 53 of 2021 QUD 361 of 2021
Judgment of: BROMWICH, LEE AND THAWLEY JJ
Date of judgment: 9 June 2022
Catchwords: CONTEMPT OF COURT – where Registrar appointed by primary judge to continue conduct of contempt charges originally brought by special purpose liquidator after settlement of principle claim – whether a denial of procedural fairness because of an asserted lack of opportunity to be heard – whether there was power to appoint the Registrar to continue the proceeding – whether rr 42.11 and 42.16 of the Federal Court Rules 2011 (Cth) set out an exhaustive list of procedures for contempt proceedings – whether the Registrar was competent to continue the proceeding – whether settlement merged contempt proceeding and could not be continued– where suppression orders made in related matter with no fixed end date
Legislation: Corporations Act 2011 (Cth) ss 596A, 596B, 596D and 597(9) Federal Court of Australia Act 1976 (Cth) ss 23, 24(1C), 51(1), 59(1) Federal Court Rules 2011 (Cth) rr 1.04, 1.32, 1.34, 1.35, 1.37, 26.12, 42.11, 42.16
Cases cited: Clayton v Bant [2020] HCA 44; 95 ALJR 34 Jackson v Goldsmith (1950) 81 CLR 446 at 466 Kazal v Thunder Studios Inc (California) [2017] FCAFC 111; 256 FCR 90 Mensink v Parbery [2018] FCAFC 101; 264 FCR 265 NHB Enterprises Pty Ltd v Corry (No 8) [2022] NSWSC 97 Parbery (Liquidator), in the matter of Queensland Nickel Pty Ltd (in liquidation) (No 2) [2022] FCA 101 Port of Melbourne Authority v Anshun Pty Ltd [1981] HCA 45; 147 CLR 589 Ramsay v Pigram (1968) 118 CLR 271 Registrar of the Federal Court of Australia v Mensink [2021] FCA 1152 Re Minister for Immigration and Multicultural Affairs; Ex parte Lam [2003] HCA 6; 214 CLR 1 Tomlinson v Ramsay Food Processing Pty Ltd [2015] HCA 28; 256 CLR 501 Witham v Holloway (1995) 183 CLR 525 at 530–534 Zavarco PLC v Nasir [2021] EWCA Civ 1217; [2022] Ch 105
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