North Australian Aboriginal Legal Aid Service Inc v Bradley [2001] FCA 908

FEDERAL COURT OF AUSTRALIA

North Australian Aboriginal Legal Aid Service Inc v Bradley [2001] FCA 908

CONTEMPT OF COURT – Statements made by Chief Minister and Attorney-General at a press conference – Alleged abuse of party to litigation and subjection of that party to improper pressure to discontinue or compromise the proceeding – Alleged dissuasion of potential witnesses – Applicable legal principles – Applicability of the principle subordinating prejudice in litigation to public interest in discussion of public affairs – Analysis of statements made at press conference – Contempt of court found established – Discussion regarding appropriate orders for penalty and costs. Harkianakis v Skalkos [1997] 42 NSWLR 22 applied. Ex parte Bread Manufacturers Ltd; Re Truth and Sportsman Ltd (1937) 37 SR(NSW) 242 distinguished. Director of Public Prosecutions v Wran (1986) 7 NSWLR 616 referred to. Willshire Smith v Votino Brothers Pty Ltd (1993) 41 FCR 496 referred to. NORTH AUSTRALIAN ABORIGINAL LEGAL AID SERVICE INC v HUGH BURTON BRADLEY and NORTHERN TERRITORY OF AUSTRALIA D 17 of 2001 WILCOX J 24 JULY 2001 DARWIN

IN THE FEDERAL COURT OF AUSTRALIA

NORTHERN TERRITORY D 17 of 2001

DISTRICT REGISTRY

BETWEEN: NORTH AUSTRALIAN ABORIGINAL LEGAL AID SERVICE INC

APPLICANT

AND: HUGH BURTON BRADLEY

FIRST RESPONDENT

NORTHERN TERRITORY OF AUSTRALIA

SECOND RESPONDENT

JUDGE: WILCOX J

DATE OF ORDER: 24 JULY 2001

WHERE MADE: DARWIN

THE COURT ORDERS THAT:

1. It be adjudged and declared that Denis Burke, Chief Minister and Attorney-General of the Northern Territory of Australia, is guilty of contempt of court in relation to statements made by him during the course of a press conference held on 7 June 2001 at Darwin. 2. Within one month from the date of this order, the said Denis Burke pay to the Registrar of the Court the sum of ten thousand dollars ($10,000) by way of penalty for the said contempt. 3. The said Denis Burke pay to the applicant, North Australian Aboriginal Legal Aid Service Inc, the costs incurred by the said applicant in relation to the notice of motion dated 12 June 2001 alleging contempt of court, except for costs incurred in connection with the adjourned hearing on 15 June 2001. 4. The said applicant pay to the said Denis Burke the costs incurred by him in relation to the adjourned hearing on 15 June 2001. 5. The costs payable under orders 3 and 4 be assessed or taxed on the basis that they are to include all costs incurred by the party entitled except insofar as they are of an unreasonable amount or were unreasonably incurred so that, subject to such exceptions, the party entitled will be completely indemnified for its or his costs by the party bound by the order. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA