Australian Securities and Investments Commission v One Tech Media Limited (No 3) [2018] FCA 1071

FEDERAL COURT OF AUSTRALIA

Australian Securities and Investments Commission v One Tech Media Limited (No 3) [2018] FCA 1071 File number: VID 848 of 2016

Judge: MOSHINSKY J

Date of judgment: 19 July 2018

Catchwords: CONTEMPT OF COURT – civil contempt – where 'freezing orders' had been made pursuant to the Corporations Act 2001 (Cth) – where the plaintiff (ASIC) brought an interlocutory application alleging contempt of court against five of the defendants for breaches of the court orders – where three of the defendants admitted liability for contempt – where ASIC and the five defendants prepared statements of agreed facts and jointly proposed orders – whether agreed proposed orders should be made – declarations and orders made substantially in the terms proposed by ASIC and the five defendants CONTEMPT OF COURT – civil contempt – where 'freezing orders' had been made pursuant to the Corporations Act 2001 (Cth) – where the orders included 'carve outs' that permitted the relevant defendant to pay legal expenses up to specified amounts – where the firm of solicitors acting for the defendant made payments from its trust account on behalf of the defendant that exceeded the cumulative total of the carve outs – principles applicable where contempt of court is alleged against a person who is not a party to a proceeding and is not bound by the court orders – whether such a person is subject to the strict liability in contempt that rests upon a person bound by a court order – whether requisite intention established on the facts