Hannaford (an examiner under the Australian Crime Commission Act 2002) v HH [2010] FCA 1214

FEDERAL COURT OF AUSTRALIA

Hannaford (an examiner under the Australian Crime Commission Act 2002) v HH [2010] FCA 1214 Citation: Hannaford (an examiner under the Australian Crime Commission Act 2002) v HH [2010] FCA 1214

Parties: JOHN PLANTA HANNAFORD, AN EXAMINER APPOINTED UNDER SECTION 46B OF THE AUSTRALIAN CRIME COMMISSION ACT 2002 v HH

File number: VID 869 of 2010

Judge: DODDS-STREETON J

Date of judgment: 17 November 2010

Catchwords: CONTEMPT – respondent charged with contempt of the Australian Crime Commission under Australian Crime Commission Act 2002 (Cth) ("the Act") s 34A(a)(ii) (refusing or failing to answer questions) and s 34A(d) (obstructing or hindering the examiner in the course of his duties) – purpose of recent amendments to the Act – consideration of relevant legal principles – respondent pleads guilty to contempt under s 34A(a)(ii) – whether respondent should be imprisoned until further order PRACTICE AND PROCEDURE – Federal Court of Australia Act 1974 (Cth) s 50 – order sought prohibiting publication of the respondent's name and address – order made sealing the Court file

Legislation: Australian Crime Commission Act 2002 (Cth), ss 34A, 34B, 34C, 46B Crimes Legislation Amendment (Serious and Organised Crime) Act 2010 (Cth) Federal Court of Australia Act 1976 (Cth), s 50 Federal Court Rules, O 1 r 8; O 7 r 4A

Cases cited: Royal Commissioner v Staunton [1995] NSWSC 45 (19 September 1995) Von Doussa v Owens (No 3) [1982] 31 SASR 116 (Oct 7) Wood, Honourable Justice v Galea [1995] NSWSC 100 (26 October 1995)