Australian Prudential Regulation Authority v Siminton (No 11) [2007] FCA 1815

FEDERAL COURT OF AUSTRALIA

Australian Prudential Regulation Authority v Siminton (No 11) [2007] FCA 1815

CONTEMPT – Penalty hearing – Where respondent found guilty of contempt for failure to pay a fine imposed by the Full Court – Considerations relevant to penalty – Penalty to reflect seriousness of the matter – Prison term imposed

Bankruptcy Act 1966 (Cth) Federal Court Rules O 37 r 2

Australian Prudential Regulation Authority v Siminton (No 7) [2007] FCA 1609 referred to Australian Prudential Regulation Authority v Siminton (No 8) [2007] FCA 1612 referred to Australian Prudential Regulation Authority v Siminton (No 10) [2007] FCA 1814 referred to AUSTRALIAN PRUDENTIAL REGULATION AUTHORITY v DAVID ROBERT SIMINTON VID 1607 OF 2005

TRACEY J

28 NOVEMBER 2007

MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 1607 OF 2005

BETWEEN: AUSTRALIAN PRUDENTIAL REGULATION AUTHORITY

Applicant

AND: DAVID ROBERT SIMINTON

Respondent

JUDGE: TRACEY J DATE OF ORDER: 28 NOVEMBER 2007

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. It be declared that the respondent is guilty of contempt by reason of his failure to pay the fine imposed on him by the Full Court by order dated 19 July 2006. 2. The respondent be committed to prison for a period of four months. 3. A warrant issue for the committal of the respondent to prison for a period of four months. 4. The respondent pay the District Registrar's costs of her notice of motion dated 15 December 2006 on a solicitor-client basis. 5. The warrant issue pursuant to paragraph (3) of these orders lie on the Court file until further order. 6. Until the hearing and determination of any appeal from these orders, or further order: (a) The respondent not attend at any point of international departure; (b) The respondent report in person every Monday (commencing on 3 December 2007) between the hours of 9:00am and 5:00pm to the Nunawading Police Station.