eSafety Commissioner v Rotondo (No 3) [2023] FCA 1590

Federal Court of Australia

eSafety Commissioner v Rotondo (No 3) [2023] FCA 1590 File number: QUD 451 of 2023

Judgment of: DERRINGTON J

Date of judgment: 6 December 2023

Date of publication of reasons: 13 December 2023

Catchwords: CONTEMPT OF COURT – civil contempt – penalties – where respondent acknowledged liability for contempt having disobeyed orders of the Federal Court of Australia – orders previously made for respondent to remove material from, and to refrain from posting material to, the internet in accordance with the Online Safety Act 2021 (Cth) – subsequent co-operation with eSafety Commissioner to cause offending material to be removed – applicable principles regarding the imposition of penalties for contempt

Legislation: Online Safety Act 2021 (Cth) Regulatory Powers (Standard Provisions) Act 2014 (Cth) Federal Court Rules 2011 (Cth)

Cases cited: Australian Securities and Investments Commission v Michalik (2004) 52 ACSR 115 Australian Securities and Investments Commission v One Tech Media Limited (No 4) [2018] FCA 1533 Clipsal Australia Pty Ltd v ACN 134 468 205 (formerly Clipso Electrical Pty Ltd) (No 5) [2017] FCA 1584 Cooper, in the matter of Chopsonion Pty Ltd (Receivers and Managers Appointed) v Chopsonion Pty Ltd (Receivers and Managers Appointed) (No 2) [2018] FCA 1504 eSafety Commissioner v Rotondo [2023] FCA 1296 Kazal v Thunder Studios Inc (California) (2017) 256 FCR 90 Tax Practitioners Board v Hacker (No 4) [2021] FCA 940 Vaysman v Deckers Outdoor Corporation Inc (2011) 276 ALR 596 Zhang v Shi (No 6) (2022) 67 VR 469