Registrar, Supreme Court of Norfolk Island v Walsh (No 7) [2021] NFSC 5

SUPREME COURT OF NORFOLK ISLAND

Registrar, Supreme Court of Norfolk Island v Walsh (No 7) [2021] NFSC 5 File number(s): SC 2 of 2016

Judgment of: RARES J

Date of judgment: 24 September 2021

Catchwords: CONTEMPT OF COURT – sentencing – where contemnor struck off barrister guilty of contempt for contravening orders to pay by wilfully not paying sums to third party and to applicant for taxed costs – where contemnor earlier failed to appear and participate in proceeding – where contemnor given further opportunity to purge contempt or be heard as to why conviction should not be entered – where contemnor deliberately evaded giving full explanation for conduct constituting contempt and continued intention not to comply with Court's orders – where contemnor compounded contempt during hearing by making scandalous allegations against judges of Court CONSTITUTIONAL LAW – where s 32 of Supreme Court Act 1960 (NI) purported to create right of appeal to Federal Court of Australia – where s 19(4) of Supreme Court Act 1960 (NI) applied Court Procedure Rules 2006 (ACT) that created right to seek leave to appeal in r 5072 – where s 77 of Constitution only source of power for any polity to confer jurisdiction on a federal court other than High Court – where s 24(1)(b) of Federal Court of Australia Act 1976 (Cth) created right of appeal from Supreme Court

Legislation: Bankruptcy Act 1966 (Cth) Federal Court of Australia Act 1976 (Cth) Court Procedure Rules 2006 (ACT) Supreme Court Act 1960 (NI) Federal Court Rules 2011

Cases cited: Re Macks; Ex parte Saint (2000) 204 CLR 158 Re Wakim; Ex parte McNally (1999) 198 CLR 511 Registrar, Supreme Court of Norfolk Island v Walsh (No 3) [2017] NFSC 4 Registrar, Supreme Court of Norfolk Island v Walsh [2021] NFSC 4 Taylor v Taylor (1979) 143 CLR 1 The Mayor and Aldermen of The City of London v Cox (1867) LR 2 HL 239 Walsh v Registrar, Supreme Court of Norfolk Island [2018] FCA 1075