Adlam v Noack [1999] FCA 1606

FEDERAL COURT OF AUSTRALIA

Adlam v Noack [1999] FCA 1606 CONTEMPT – penalty – whether contemnor should be cross-examined on hearing for penalty – nature of contempt proceedings – whether contemnor could be questioned in relation to a proposed settlement of overall dispute– whether the fact that fine may be paid by third parties relevant to determination of penalty – factors to be considered in determining penalty – circumstances in which "victim" of contempt could be awarded costs. INDUSTRIAL RELATIONS – whether finding of contempt "prescribed offence" under Workplace Relations Act 1996 (Cth). Federal Court Rules O 40 r 5, O 40 r 5(2) Workplace Relations Act 1996 (Cth) s 347 Conciliation and Arbitration Act 1904 (Cth) 197A Evidence Act 1995 (Cth) s 17 Australasian Meat Industry Employees' Union v Mudginberri Station Pty Ltd (1986) 161 CLR 98 followed Flamingo Park Pty Ltd v Dolly Dolly Creation Pty Ltd (1985) 5 FCR 169 followed Deputy Commissioner of Taxation v Hickey [1999] FCR 259 followed Australian Securities & Investments Commission v Matthews [1999] FCA 803 followed Australian Competition & Consumer Commission v Goldstar Corporation Pty Ltd (Drummond J, 6 November 1998, unreported) followed Viner v Australian Building Constructions Employees' and Builders Labourers' Federation (1981) 56 FLR 5 applied Gregory v Philip Morris Ltd (1987) 74 ALR 300 applied W R Carpenter & Co Pty Ltd v Wollongong Instant Scaffolds Pty Ltd (1992) 36 FCR 10 distinguished Comet Products UK Ltd v Hawkex Plastics Ltd [1971] 2 QB 67 considered Witham v Holloway (1995) 183 CLR 525 considered Hinch v Attorney-General of Victoria (1987) 164 CLR 15 considered Durack v Gallagher (1982) 44 ALR 272 considered Gallagher v Durack (1982) 44 ALR 477 considered Gallagher v Durack (1983) 152 CLR 238 considered Matthews; Real Tech Systems Integration Pty Ltd v Meuross (Lehane J, 21 November 1997, unreported) considered LED Builders Pty Ltd v Eagle Homes Pty Ltd [1999] FCA 1213 applied Australian Securities and Industries Commission v Matthews [1999] FCA 803 applied Hudson v Australian Competition & Consumer Commission [1999] FCA 891 considered McIntyre v Perkes (1988) 15 NSWLR 417 considered