Prothonotary of the Supreme Court of New South Wales v Dangerfield [2016] NSWCA 277

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Prothonotary of the Supreme Court of New South Wales v Dangerfield [2016] NSWCA 277 Hearing dates: 12 September 2016 Decision date: 11 October 2016 Before: Beazley ACJ at [1] Gleeson JA at [2] Payne JA at [94] Decision: 1. Direct the appellant to file a notice of appeal in the form contained in the White Book within 7 days.

2. Appeal dismissed.

3. Appellant to pay the respondent's costs in this Court. Catchwords: PRODEDURE – contempt, attachment and sequestration – power of Local Court to refer matter of contempt to Supreme Court for determination – Local Court Act 2007 s 24(4) – Supreme Court Rules Pt 55 – where respondent refused to answer questions as prosecution witness in Local Court trial of her brother for domestic violence-related assault – where appearance to Local Court that respondent guilty of contempt – where Local Court referred matter to Supreme Court – appeal from Supreme Court's dismissal of summons for contempt

PROCEDURAL FAIRNESS – contempt – where primary judge found respondent denied procedural fairness by Local Court when exercising referral power – where respondent not informed by magistrate of different courses of action available to Local Court to deal with contempt – where respondent not invited to make submissions on whether magistrate should refer matter or determine summarily – whether implication of common law natural justice principles in s 24(4) – whether observance of procedural fairness attaches as condition of exercise of 'ministerial' power – nature of referral power and effect on respondent's rights and interests – whether increase in extent respondent's interests jeopardized – where different maximum penalties for contempt punishable in Local Court and Supreme Court – where prejudice in the form of hardship to respondent as Indigenous woman residing in Queensland with children if required to answer contempt charge in Supreme Court Legislation Cited: Acts Interpretation Act 1987 (NSW) s 68(3) s 112 Administrative Decisions Tribunal Act 1997 (NSW) s 112 District Court Act 1973 (NSW) ss 199, 203 Legal Practitioners Act 1898 (NSW) ss 71, 72 Legal Profession Act 1987 (NSW) s 155 Local Court Act 2007 (NSW) s 24 Local Courts Act 1982 (NSW) s 27B Supreme Court Act 1970 (NSW) s 101 Supreme Court Rules 1970 (NSW) Pt 55 r 3, 7, 8, 9, 11 Uniform Civil Procedure Rules 2005 (NSW) r 42.1 Cases Cited: Ainsworth v Criminal Justice Commission (1992) 175 CLR 564; [1992] HCA 10 Annetts v McCann (1990) 170 CLR 596; [1990] HCA 57 Attorney-General (Cth) v Oates (1999) 198 CLR 162 Australian Securities and Investments Commission v Plymin (No 3) (2002) 170 FLR 128; [2002] VSC 358 Baba v Parole Board of NSW (1986) 5 NSWLR 338 Commissioner of Police v Reid (1989) 16 NSWLR 453 Cornall v AB [1995] 1 VR 372 Dennis v Law Society of NSW (Court of Appeal, 17 December 1979, unreported) Field v New South Wales Crime Commission [2009] NSWCA 144 Johnston v Nationwide News Pty Ltd (2005) 62 NSWLR 309; [2005] NSWCA 17 Killen v Lane (1983) 1 NSWLR 171 Kioa v West (1985) 159 CLR 550; [1985] HCA 81 Medical Board of Queensland v Byrne (1958) 100 CLR 582; [1958] HCA 40 Murray v Legal Services Commissioner (1999) 46 NSWLR 224; [1999] NSWCA 70 Oates v Attorney-General (Cth) (1998) 84 FCR 348 Potier v Director-General, Department of Justice & Attorney General [2011] NSWCA 105 Prothonotary of the Supreme Court of New South Wales v Dangerfield [2015] NSWSC 1895 Re Minister for Immigration and Multicultural Affairs; Ex parte Lam (2003) 214 CLR 1; [2003] HCA 6 Registrar of Court of Appeal v Maniam (No 1) (1991) 25 NSWLR 459 Saeed v Minister for Immigration and Citizenship (2010) 241 CLR 252; [2010] HCA 23 South Australia v O'Shea (1987) 163 CLR 378; [1987] HCA 399 Category: Principal judgment Parties: Prothonotary of the Supreme Court of New South Wales (Appellant) Elizabeth Dangerfield (Respondent) Representation: Counsel: D T Kell (Appellant) G Bashir SC/ C O'Neill (Respondent)