Anderson v EVA20 [2022] FCA 1165

Federal Court of Australia

Anderson v EVA20 [2022] FCA 1165 File number: SAD 167 of 2020

Judgment of: WIGNEY J

Date of judgment: 19 August 2022

Catchwords: CONTEMPT OF COURT – where respondent was convicted of contempt of the Australian Criminal Intelligence Commission – where contempt punishable as contempt of the Federal Court – where respondent refused to answer questions in an examination before an examiner – where respondent pleaded guilty to charges of contempt of the Australian Criminal Intelligence Commission pursuant to s 34A of the Australian Crime Commission Act 2002 (Cth) – where respondent was sentenced to imprisonment until further order – where respondent filed an interlocutory application seeking an order that the Federal Court determine the term of imprisonment imposed for contempt – relevant principles in relation to revisiting interlocutory orders – consideration of relevant principles in determining the appropriate punishment for contempt – where a fixed term of imprisonment found to be appropriate

Legislation: Australian Crime Commission Act 2002 (Cth) ss 7C(2), 28, 34A(ii), 34B(1), 34B(2), 34B(4) Sentencing Act 1989 (NSW) Sentencing Act 2017 (SA) s 93(a)

Cases cited: Adam P. Brown Male Fashions Pty Ltd v Philip Morris Inc (1981) 148 CLR 170 Anderson v BYF19 [2019] FCA 1959 Anderson v EVA20 [2021] FCA 457 Anderson v GPY18 [2019] FCA 954 Anderson v XLVII (2015) 319 ALR 139; [2015] FCA 19 HJ (a pseudonym) v Independent Broad-Based Anti-Corruption Commission (2021) 64 VR 270; [2021] VSCA 200 Liu v The Age Company Ltd (2016) 92 NSWLR 679; [2016] NSWCA 115 Lusty v CRA20 [2020] FCA 1737 Von Doussa v Owens (No 3) (1982) 31 SASR 116 Wood v Galea (1995) 79 A Crim R 567 Wood v Galea (1996) 84 A Crim R 274 Wood v Staunton (No 5) (1996) 86 A Crim R 183