Prothonotary of the Supreme Court of New South Wales v Jarvie [2017] NSWSC 786

Supreme Court New South Wales

Medium Neutral Citation: Prothonotary of the Supreme Court of New South Wales v Jarvie [2017] NSWSC 786 Hearing dates: 14 June 2017 Date of orders: 14 June 2017 Decision date: 14 June 2017 Jurisdiction: Common Law Before: Fagan J Decision: For contempt of court constituted by materially altering and misrepresenting a sealed order of the Court Russell Alan Jarvie is sentenced to a fixed term of imprisonment of 3 months commencing on 28 February 2017 and expiring on 27 May 2017. Catchwords: CONTEMPT – sentencing – fraudulent alteration of court orders – unsuccessful attempt to frustrate administration of justice – where contemnor persistently failed to comply with directions made in the contempt proceedings – plea of guilty following arrest – relevance of comparable cases Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) Family Law Act 1975 (Cth) Property (Relationships) Act 1984 (NSW) Supreme Court Rules 1970 (NSW) Cases Cited: LGM v CAM (Contempt) [2008] FamCAFC 1 Principal Registrar of the Supreme Court NSW v Jando (2001) 53 NSWLR 527; [2001] NSWSC 969 Ronowska v Kus (No 2) [2012] NSWSC 817 Category: Sentence Parties: Prothonotary of the Supreme Court of New South Wales (plaintiff) Russell Alan Jarvie (defendant) Representation: Counsel: Mr David Kell SC (plaintiff) Mr Ertunc Ozen (defendant)

Solicitors: Ms E Sullivan, Crown Solicitor's Office (plaintiff) Legal Aid Commission of New South Wales (defendant) File Number(s): 2015/148650 Publication restriction: Nil