Registrar, Supreme Court of Norfolk Island v Walsh [2021] NFSC 4

SUPREME COURT OF NORFOLK ISLAND

Registrar, Supreme Court of Norfolk Island v Walsh [2021] NFSC 4 File number(s): SC 2 of 2016

Judgment of: RARES J

Date of judgment: 11 June 2021

Date of orders: 17 June 2021

Catchwords: CONTEMPT OF COURT – where Court in 2018 found respondent legal practitioner should be suspended from practice in Norfolk Island for professional misconduct – where court ordered respondent to repay another practitioner with interest money paid by reason of respondent's false representation and to pay Registrar taxed costs of disciplinary proceeding – where Registrar brought contempt application against respondent for failure over three years to comply with to Court's orders to pay other practitioner or Registrar's taxed costs COURTS AND JUDGES – inherent power of Supreme Court as superior court of record – whether inherent power to punish for contempt of orders made by the Court – nature of inherent power – where exercise of inherent power of superior court of record to punish respondent for contempt necessary when respondent deliberately flouts Court order – where respondent had ample means to comply with orders to pay legal practitioner and to make payments towards Registrar's taxed costs – where respondent knowingly chose to ignore Court orders – Held: respondent guilty of contempt

Legislation: Bankruptcy Act 1966 (Cth) s 9A Norfolk Island Act 1957 (Cth) s 18(3) Norfolk Island Act 1979 (Cth) s 52(1) Bankruptcy Act 2006 (NI) Court Procedures Rules 2006 (ACT) Sch 2 Legal Profession Act 1993 (NI) Borrie and Lowe's Law of Contempt (2nd ed, 1983)