Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Prudential Regulation Authority v Siminton (No 8) [2007] FCA 1612
CONTEMPT – Civil contempt – Failure to pay fine imposed by the Full Court – Capacity to pay fine – Whether Respondent had the capacity to pay all or any part of the fine – Whether refusal to pay fine was "wilful" – Standard of proof – Beyond reasonable doubt
Banking Act 1959 (Cth) s 65A Federal Court of Australia Act 1976 (Cth) ss 23, 31(1) Federal Court Rules O 37 r 2(3) Judiciary Act 1903 (Cth) s 24
Advan Investments Pty Ltd v Dean Gleeson Motor Sales Pty Ltd [2003] VSC 201 referred to AMIEU v Mudginberri Station Pty Ltd (1986) 161 CLR 98 referred to Australian Competition and Consumer Commission v World Netsafe Pty Ltd [2003] FCA 159 discussed Australian Industry Group v Automotive, Food, Metals, Engineering, Printing and Kindred Industries of Australia (2001) 188 ALR 653 referred to Australian Prudential Regulation Authority v Siminton (No 3) (2006) 230 ALR 528 referred to Australian Prudential Regulation Authority v Siminton (No 5) [2006] FCA 1340 referred to Australian Prudential Regulation Authority v Siminton [2007] FCA 1608 referred to Australian Prudential Regulation Authority v Siminton (No 7) [2007] FCA 1609 referred to Heatons Transport v TGWU [1973] AC 15 referred to Louis Vuitton Malletier SA v Design Elegance Pty Ltd (2006) 149 FCR 494 referred to Pattison v Bell [2007] FCA 137 referred to RPS v R (2000) 199 CLR 620 referred to Siminton v Australian Prudential Regulation Authority (2006) 152 FCR 129 referred to
AUSTRALIAN PRUDENTIAL REGULATION AUTHORITY v DAVID ROBERT SIMINTON (NO 8) VID 1607 OF 2005
TRACEY J
7 NOVEMBER 2007
MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 1607 OF 2005
BETWEEN: AUSTRALIAN PRUDENTIAL REGULATION AUTHORITY
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