Australian Securities & Investments Commission v Reid [2002] FCA 84

FEDERAL COURT OF AUSTRALIA

Australian Securities & Investments Commission v Reid [2002] FCA 84

CONTEMPT OF COURT –contempt admitted – breach of order prohibiting respondent from managing a corporation – second contempt of the order – mitigating considerations – real steps genuinely taken to organise business outside corporate structure - determination of punishment – imprisonment suspended on agreed conditions

Federal Court of Australia Act 1976 (Cth), s 31 Judiciary Act 1903 (Cth), s 24

Re Wakim; Ex parte McNally (1999) 198 CLR 511 referred Matthews v Australian Securities and Investments Commission (2000) 97 FCR 396 referred Australian Securities and Investments Commission v Matthews (1999) 32 ACSR 404 referred Deputy Commissioner of Taxation v Hickey (1999) ATC 5124 referred Australasian Meat Industry Employees' Union v Mudginberri Station Pty Ltd (1986) 161 CLR 98 referred Adlam v Noack [1999] FCA 1606 referred In the Marriage of English (1986) FLC 91-729 referred In the Marriage of Sahari (1976) 11 ALR 679 referred Australian Competition and Consumer Commission v Hughes (2001) ATPR 41-807 referred Morris v Crown Office [1970] 2 QB 114 referred Lee v Walker [1985] QB 1191 referred Pelechowski v Registrar, Court of Appeal (1999) 198 CLR 435 referred Australian Securities Commission v Macleod (No 3) (1993) 40 FCR 475 referred Macleod v Australian Securities Commission (Lockhart, Lee and Hill JJ, 13 August 1993, unreported) referred Burton v Winters [1993] 3 All ER 847 referred Hudson v Australian Competition and Consumer Commission [1999] FCA 891 followed Australian Securities Commission v Matthews (2001) 39 ACSR 110 referred Yager v Musa [1961] 2 QB 214 referred Vaughan v Vaughan [1973] 3 All ER 449 referred AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION v MAXWELL JOHN REID VG 3023 of 1992 KENNY J 12 FEBRUARY 2002 MELBOURNE