Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Thunder Studios Inc (California) v Kazal (No 6) [2017] FCA 1573
File number: NSD 850 of 2014
Judge: RARES J
Date of judgment: 15 December 2017
Catchwords: HIGH COURT AND FEDERAL COURT – whether application by contemnor for order pursuant to r 42.22 of the Federal Court Rules 2011 that he be discharged before end of prison term imposed by Full Court in resentencing is in original or appellate jurisdiction of Court – whether single judge has power in original jurisdiction to order contemnor's discharge before end of term of sentence imposed by Full Court CONTEMPT OF COURT – consideration of matters relevant to take into account in application under r 42.22 of the Federal Court Rules 2011 for discharge of contemnor before end of prison term – where contemnor guilty of breaching Court orders and interfering with administration of justice – where contempts criminal in nature – where evidence of contemnor's rehabilitation – where contemnor belatedly expressed contrition – whether in interests of justice to order discharge
Legislation: Federal Court of Australia Act 1976 (Cth) ss 22, 25, 51 Federal Court Rules 2011 Pt 42, r 42.22 Civil Procedure Rules 1998 (UK) r 83.31
Cases cited: Australasian Meat Industry Employees Union v Mudginberri Station Pty Ltd (1986) 161 CLR 98 Australian Competition and Consumer Commission v Chaste Corporation Pty Ltd (No 7) (2015) 235 FCR 563 CJ v Flintshire Borough Council [2010] 2 FLR 1224 Consolidated Press Ltd v McRae (1955) 93 CLR 325 Construction, Forestry, Mining and Energy Union v Boral Resources (Vic) Pty Ltd (2015) 256 CLR 375 Goodrich Aerospace Pty Ltd v Arsic (2006) 66 NSWLR 186 Hinch v Attorney-General (Vic) (1987) 164 CLR 15 In re Barrell Enterprises [1973] 1 WLR 19; [2010] EWCA Civ 393 Johnson v Grant 1923 SC 789 Kazal v Thunder Studios Inc (California) [2017] FCAFC 111 R v Australian Broadcasting Tribunal; Ex parte 2HD Pty Ltd (1979) 144 CLR 45 Swindon Borough Council v Webb [2016] 1 WLR 3301 Thunder Studios Inc (California) v Kazal (No 2) [2017] FCA 202 Thunder Studios Inc (California) v Kazal [2016] FCA 1598 Young v Registrar of the Court of Appeal of New South Wales [No 3] (1993) 32 NSWLR 262 Arlidge, Eady & Smith on Contempt (5th ed, Sweet & Maxwell, London, 2017) Bingham, Sir T, "The Judge as Juror: the Judicial Determination of Factual Issues" (1985) Current Legal Problems 1
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