Australian Competition & Consumer Commission v Jones (No 3) [2010] FCA 908

FEDERAL COURT OF AUSTRALIA

Australian Competition & Consumer Commission v Jones (No 3) [2010] FCA 908

Citation: Australian Competition & Consumer Commission v Jones (No 3) [2010] FCA 908

Parties: AUSTRALIAN COMPETITION & CONSUMER COMMISSION v DARRYL PETER JONES

File number: QUD 54 of 2010

Judge: LOGAN J

Date of judgment: 17 August 2010

Catchwords: CONTEMPT OF COURT – Breach of interlocutory orders restraining respondent from making misleading or deceptive statements – Use of internet for such statements – Orders also requiring provision by list of particular information – No reasonable basis for failure to provide information as ordered – Contempts proved beyond reasonable doubt

EVIDENCE – Rule in Jones v Dunkel (1959) 101 CLR 298 – Application to proceedings for contempt – Whether inference can be drawn against respondent for unexplained failure to call witnesses relevant to his case

Held: Rule applies to contempt proceedings – Such an inference can be drawn

Legislation: Constitution (Cth) Federal Court of Australia Act 1976 (Cth)s 31 Judiciary Act 1903 (Cth) s 24 Federal Court Rules O 37 r 2, O 40 r 8

Cases cited: Australian Competition and Consumer Commission v Jones [2010] FCA 205 cited Australian Competition and Consumer Commission v Jones (No 2) [2010] FCA 371 cited Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Australian Competition and Consumer Commission (2007) 162 FCR 466 considered Jones v Australian Competition and Consumer Commission [2010] FCA 481 cited Jones v Dunkel (1959) 101 CLR 298 applied Jones v Toben (2009) 255 ALR 238 applied