Australian Competition & Consumer Commission v World Netsafe Pty Ltd [2003] FCA 1501

FEDERAL COURT OF AUSTRALIA

Australian Competition & Consumer Commission v World Netsafe Pty Ltd [2003] FCA 1501 PRACTICE & PROCEDURE – contempt – where respondent found guilty of breaches of court orders – mitigating factors – whether there is power to imprison as well as fine – appropriate penalties COSTS - whether there is an established practice that costs on a successful contempt application should be ordered on an indemnity basis – where contemnor successfully defends nine of eleven charges, whether contemnor entitled to some or all of his costs – appropriate costs order where there has been some failure and some success by each side

Trade Practices Act 1974 (Cth) Federal Court Act 1976 (Cth) s 31, s 43 Judiciary Act 1903 (Cth) s 24 Federal Court Rules O 40 r 6 AMIEU v Mudginberri Station Pty Ltd (1986) 161 CLR 98 followed Pelechowski v The Registrar, Court of Appeal [1999] HCA 19; (1999) 198 CLR 435 followed DCT v Hickey (1999) ATC 5,124 cited Adlam v Noack [1999] FCA 1606 cited ASIC v Matthews (1999) 32 ACSR 404 cited ASIC v Reid [2002] FCA 84 cited ACCC v Goldstar Corporation Pty Ltd [1998] FCA 1441 cited ACCC v Info4PCCom Pty Ltd (2002) 121 FCR 24 cited Attorney-General v Times Newspapers Ltd [1992] 1 AC 191 mentioned ACCC v Hughes (2001) ATPR 41-807 cited Gallagher v Durack (1983) 152 CLR 238 followed Construction, Forestry, Mining and Energy Union v BHP Steel (AIS) Pty Ltd (2003) 196 ALR 350 followed Newman v R [2002] FCAFC 136 followed ACCC v Purple Harmony Plates Pty Ltd No. 3 (2002) 196 ALR 576 mentioned In the Will of Mary Johnson (1907) 24 WN (NSW) 124 mentioned Evenco Pty Ltd v Amalgamated Society of Carpenters, Joiners, Bricklayers and Plasterers of Australasia Union of Employees, Queensland and Anor [1999] QSC 77 mentioned Hinch v Attorney-General for the State of Victoria (1987) 164 CLR 15 followed McIntyre v Perkes (1988) 15 NSWLR 417 mentioned Peco Holdings Inc v Voss [2002] VSC 319 mentioned