Federal Court of Australia
a4
CATCHWORDS CONTEMPT - Breach of undertakings to the Court - Copy of undertakings not served but knowledge proved - Whether in the
case of a positive undertaking as distinct from a negative service 1s essential - Whether Rules with respect to injunctions
apply to undertakings - Discretion of Court - Whether undertakings in form positive were in substance negative - Onus of proof - Whether breaches were merely "@asual, accidental or unintentional" - Meaning of "to be distributed to the public" -
Whether clients of a particular insurance company are a section of the public vis-a-vis a quite separate commercial enterprise -
Considerations relevant to fine for contempt and order for costs as between solicitor and client - Knowing participation in breach.
Federal Court Rules Order 37 Rule 2, Order 40 Rule 13 (now repealed)
Sunibrite Products (Aust) Pty Ltd v. Jabuna pty Ltd (1980) 47 F.L.R. 73
Biba Ltd v. Stratford Investments Ltd [1973] 1 Ch. 281
Williams v. Fawcett [1986] Q.B. 604
D. v. A. & Co. [1900] 1 Ch. 484
Ronson Products Ltd v. Ronson Furniture Ltd [1966] 1 Ch. 603 Trade Practices Commission v. C.G. Smith Pty Ltd (1978) 30 F.L.R. Australasian Meat Industry Employees' Union _v. Mudginberri
Station Pty Ltd (1986) 60 A.L.J.R. 608
In Re Mileage Conference Group of the Tyre Manufacturers' Conference Ltd's Agreement [1966] 1 W.L.R. 1137 Rejfek v. McElroy (1965) 112 C.L.R. 517
Jendell Australia Pty Ltd v. Kesby [1983] 1 N.S.W.L.R. 127 Flamingo Park Pty red v. Dolly Bally Creations Pty Ltd (1985) 59 A.L.R. 247
Re Garage Equipment Associations' Agreement (1964) L.R. 4RP 491
Re Galvanized Tank Manufacturers' Association's Agreement [1965] 2 All E.R. 1003
Borrie & Lowe, Law of Contempt 2nd ed. p.408
Ernest Turner Electrical Instruments Limited v. Performing Right Soctety, Limited [1943] 1 Ch. 167
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