Federal Court of Australia
Federal Court of Australia
Lusty (Examiner) v DEZ22 [2022] FCA 1581 File number: NSD 816 of 2022
Judgment of: WIGNEY J
Date of judgment: 21 December 2022
Date of publication of reasons: 23 December 2022
Catchwords: CONTEMPT OF COURT – refusal to answer questions in Australian Crime Commission examination under s 34A(a)(ii) of Australian Crime Commission Act 2002 (Cth) – Court's power to deal with contempt under s 34B of Australian Crime Commission Act 2002 (Cth) – consideration of principles relevant to fixing sentences for contempt – consideration of respondent's circumstances, including matters detailed in psychologist report – order for indefinite sentence with liberty to apply to fix determinate sentence
Legislation: Australian Crime Commission Act 2002 (Cth) ss 4(1), 7, 7A(c), 24A, 28, 28(1)(a), 34A(a)(ii), 34B(3), 34C(3), 46B Special Australian Criminal Intelligence Commission Investigation Determination (Targeting Criminal Wealth) 2020 (Cth)
Cases cited: Anderson v EVA20 [2022] FCA 1165 Anderson v XLVII (2015) 319 ALR 139; [2015] FCA 19 DTO21 v Australian Crime Commission [2022] FCAFC 190 Lusty v CRA20 [2020] FCA 1737 Royal Commissioner v Staunton [1995] NSWSC 45 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 Galea (1997) 92 A Crim R 287 Wood v Staunton (No 5) (1996) 86 A Crim R 183
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