Australian Competition & Consumer Commission v World Netsafe Pty Ltd [2003] FCA 159

FEDERAL COURT OF AUSTRALIA

Australian Competition & Consumer Commission v World Netsafe Pty Ltd [2003] FCA 159 HIGH COURT AND FEDERAL COURT – whether O 37 r 2 of the Federal Court Rules is invalid – whether contempt proceedings in the Federal Court are bound by O 41 r 5 and O 42 r 31(1) of the Rules of the Supreme Court Judicature as those rules stood in England in 1903 – whether it is necessary to prove beyond reasonable doubt that a debtor is capable of satisfying a refund order before they can be held in contempt of that order – whether the Debtors Act 1869 (England) has application to contempt proceedings in the Federal Court – whether a director is exposed to assessorial liability for contempt by a company merely by failure to take reasonable steps to prevent a breach by that company

Trade Practices Act 1974 (Cth) ss 52, 53, 57, 58, 59, 61, 163A Evidence Act 1995 (Cth) s 128 Federal Court of Australia Act 1976 (Cth) ss 31, 47 Judiciary Act 1903 (Cth) s 24 Debtors Act 1869 (England) Federal Court Rules O 24 r 1A, O 35 r 7, O 37 r 2, O 40 r 6 Supreme Court of Judicature Rules O 41 r 5, O 42 r 31 AMIEU v Mudginberri Station Pty Ltd (1986) 161 CLR 98 followed Witham v Holloway (1995) 183 CLR 525 followed Consolidated Press Limited v McRae (1955) 93 CLR 325 followed Australian Consolidated Press v Morgan (1965) 112 CLR 483 cited Re Plumbers and Gasfitters Employees' Union of Australia (1987) 72 ALR 415 followed Re Agreement of The Mileage Conference Group of the Tyre Manufacturers' Conference Ltd [1986] 1 WLR 1137 referred to Re Kolina ex parte Torney (1999) 200 CLR 385 cited Heatons Transport v T.G.W.U. [1973] AC 15 referred to Attorney-General v Edmunds (1870) 22 LT 667 referred to Attorney-General v Randall [1944] 1 KB 709 referred to Buckley v Crawford (1893) 1 QB 105 referred to Nesom v Metcalfe [1921] 1 KB 400 approved