Federal Court of Australia
Federal Court of Australia Transportable Shade Sheds Australia Pty Ltd v Aussie Shade Sheds Pty Ltd (Contempt Application) [2024] FCA 1112 File number(s):
Judgment of: DOWNES J
Date of judgment: 19 September 2024
Date of publication of reasons: 24 September 2024
Catchwords: CONTEMPT OF COURT – application brought in relation to alleged non-compliance with order which restrained conduct by reference to list of assets contained in schedule to agreement annexed to affidavit – order served without annexure – to overcome defect in service, oral application made at hearing to amend statement of charge to rely upon further affidavits and to adjourn contempt application – statement of charge failed to specify contempt in compliance with rule 42.12 Federal Court Rules 2011 (Cth) – proposed amendment to statement of charge refused – additional affidavits sought to be relied upon would not have been admitted into evidence if amendment to statement of charge was permitted – adjournment application refused – contempt application dismissed COSTS – whether indemnity costs should be ordered – where defect in service of order should have been discovered before bringing contempt application – where contempt application should have been withdrawn after discovery – indemnity costs ordered
Legislation: Evidence Act 1995 (Cth) s 135 Federal Court Rules 2011 (Cth) rr 2.25, 42.12
Advan Investments Pty Ltd v Dean Gleeson Motor Sales Pty Ltd [2003] VSC 201 Connect TV Pty Ltd v All Rounder Investments Pty Ltd (No 3) (2013) 301 ALR 537; [2013] FCA 98 Coward v Stapleton (1953) 90 CLR 573 Cases cited: Lamb v Sherman (2023) 298 FCR 79; [2023] FCAFC 85 Mensink v Registrar of the Federal Court of Australia [2024] FCAFC 124 PT Garuda Indonesia Ltd v Australian Competition and Consumer Commission (2020) 145 ACSR 5; [2020] FCA 685 QBE Underwriting Ltd v Southern Colliery Maintenance Pty Ltd (2018) 97 NSWLR 459; [2018] NSWCA 55 Transportable Shade Sheds Australia Pty Ltd v Aussie Shade Sheds Pty Ltd [2024] FCA 584
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