Australian Competition and Consumer Commission v Chaste Corporation Pty Ltd [2011] FCA 1431

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Chaste Corporation Pty Ltd [2011] FCA 1431 Citation: Australian Competition and Consumer Commission v Chaste Corporation Pty Ltd [2011] FCA 1431

Parties: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v CHASTE CORPORATION PTY LTD (DEREGISTERED) ACN 089 837 239, BRADDON RALPH WEBB, ORLAWOOD PTY LTD ACN 059 294 334, PETER CLARENCE FOSTER, SEAN PETRIE ALLEN COUSINS, CONSTANTINE XENOUDAKIS, KEVIN ANTHONY MCMULLAN, ALAN KENNETH COOPER and STEPHEN D'ALTON

File number: QUD 252 of 2001

Judge: LOGAN J

Date of judgment: 7 December 2011

Catchwords: CRIMINAL LAW – bail – whether Court has power to release someone from custody pending the hearing and determination of a contempt charge – discussion of power at common law – power under s 23 of the Federal Court of Australia Act 1976 (Cth) – court has power under s 23 of the Federal Court of Australia Act 1976 (Cth) as an incident of its power to punish for contempt under s 31 of the Act PRACTICE AND PROCEDURE – whether to release person from custody pending the hearing and determination of a contempt charge – consideration of factors including past and current conduct – discussion of other relevant factors – person released on provision of $125,000 surety or sureties and subject to strict conditions

Legislation: Bankruptcy Act 1966 (Cth) Federal Court of Australia Act 1976 (Cth) s 23 Dangerous Prisoners (Sexual Offender) Act 2003 (Qld)

Cases cited: Australian Competition and Consumer Commission v Chaste Corporation and Others (No 1) (2003) 127 FCR 418 considered Re Groves [1973] Qd R 310 considered R v Spilsbury [1898] 2 QB 615 referred to United Mexican States v Cabal (2001) 209 CLR 165 applied Chitty J, Chitty's Criminal Law (Vol 1, 2nd ed , London) at p 97