Adlam v Noack [1999] FCA 1230

FEDERAL COURT OF AUSTRALIA

Adlam v Noack[1999] FCA 1230 CONTEMPT - breach of court order - burden of proof in civil contempt proceeding - passing of resolution to remove applicant from committee - whether conduct calculated to harass - whether genuine concerns held concerning operation of Women's Committee. Witham v Holloway (1995) 183 CLR 525 applied O'Sullivan v Lunnon (1987) 163 CLR 545 applied Thurley v Hayes (1920) 27 CLR 548 considered North v Marra Developments Ltd (1981) 148 CLR 42 considered

CAROLYN JENNIFER ADLAM v PAUL NOACK SG 91 OF 1998

MANSFIELD J 8 SEPTEMBER 1999

ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY SG 91 OF 1998

BETWEEN: CAROLYN JENNIFER ADLAM

Applicant

AND: PAUL NOACK

Respondent

JUDGE: MANSFIELD J

DATE: 8 SEPTEMBER 1999

PLACE: ADELAIDE

REASONS FOR DECISION 1 This is a motion that the respondent Paul Noack ("Mr Noack") be dealt with for contempt of court for breach of order 4 of orders made by von Doussa J on 22 July 1998. 2 Paul Noack ("Mr Noack") became the South Australian State Secretary of the Australian Manufacturing Workers Union ("the organisation") on 1 January 1998. He was elected to that office in late 1997. He was previously the Regional Secretary in South Australia of the Vehicle Division of the organisation. 3 Carolyn Jennifer Adlam ("Ms Adlam") is the Regional Secretary in South Australia of the Technical and Supervisory (T & S) Division of the organisation, and an Assistant Secretary of the South Australian branch of the organisation. 4 On 15 July 1998, von Doussa J made a Rule to Show Cause on the application of Ms Adlam directed to Mr Noack and to Douglas Cameron ("Mr Cameron") to show cause why certain orders should not be made that each of them perform and observe the Rules of the Australian Manufacturing Workers Union ("the organisation") in specified respects. Mr Cameron is the national secretary of the organisation. The gravamen of Ms Adlam's complaints, in respect of which she asserted that the Rules of the organisation had not been complied with, concerned Mr Noack's treatment of her and his behaviour towards her in her employment. 5 The Rule to Show Cause contained an application by Ms Adlam for interlocutory relief. The application for interlocutory relief came on for hearing on 22 July 1998. Upon certain undertakings given by Mr Cameron, the Court then ordered that: