Federal Court of Australia
Federal Court of Australia
Ferguson v Dallow (No 4) [2021] FCA 513 File number: TAD 31 of 2020
Judgment of: O'CALLAGHAN J
Date of judgment: 17 May 2021
Catchwords: CONTEMPT OF COURT – whether respondent guilty of two further charges of contempt of court – whether publication of online video constituted intentional disobedience of permanent injunction issued in defamation proceeding – whether by publishing video respondent guilty of scandalising court and lowering its authority – where video contains assertion court is not independent of executive and parliamentary branches of government and acts to protect politicians and cover up allegations of misconduct
Legislation: Federal Court of Australia Act 1976 (Cth) s 31(1) Judiciary Act 1903 (Cth) s 24 Constitution Act 1934 (Tas) s 8A
Cases cited: Attorney-General (NSW) v Mundey [1972] 2 NSWLR 887 Construction, Forestry, Mining and Energy Union v Boral Resources (Vic) Pty Ltd (2015) 256 CLR 375 Gallagher v Durack [1982] FCA 280; 44 ALR 477 Gallagher v Durack (1983) 152 CLR 238 John Fairfax & Sons Pty Ltd v McRae (1955) 93 CLR 351 Mount Bruce Mining Pty Ltd v Wright Prospecting Pty Ltd (2015) 256 CLR 104 Re Brookfield (1918) 18 SR (NSW) 479 Re Colina; Ex parte Torney (1999) 200 CLR 386 R v Dunbabin; Ex parte Williams (1935) 53 CLR 434 Viner v Australian Building Construction Employees' and Builders Labourers' Federation [1982] FCA 42; 2 IR 177 Witham v Holloway (1995) 183 CLR 525
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