Deckers Outdoor Corporation Inc. v Farley (No 8) [2010] FCA 657

Deckers Outdoor Corporation Inc. v Farley (No 8) [2010] FCA 657

Serious/repeated violations of court orders in wilful disregard amount to criminal contempt, warranting terms of imprisonment (except in exceptional hardship cases), with specific and general deterrence as foremost sentencing concerns.

Jurisdiction
Australia
Judgment Date
24 June 2010
Procedural Posture
Contempt of Court / Penalty/orders/judgment on Contempt
Outcome
Declarations of guilt for contempt as to specified charges; terms of imprisonment for named respondents; partial suspension for one; costs to applicant; warrants for committal as ordered.
Legal Topics
['breach of Court Orders' 'standard of Proof for Contempt' 'criminal Contempt' 'intellectual Property Enforcement' 'penalties for Contempt']
['intellectual Property' 'contempt of Court' 'civil Procedure'] ['breach of Court Orders' 'standard of Proof for Contempt' 'criminal Contempt' 'intellectual Property Enforcement' 'penalties for Contempt']

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Procedural Posture

Contempt of Court / Penalty/orders/judgment on Contempt

Legal Issues

  1. 1 ["Whether respondents' conduct constituted contempt of court by disobeying court orders" 'What penalties are appropriate for proven contempts' 'Whether criminal standard of proof applies for contempt' 'Whether to suspend sentences in light of humanitarian considerations']

Ratio Decidendi

Serious/repeated violations of court orders in wilful disregard amount to criminal contempt, warranting terms of imprisonment (except in exceptional hardship cases), with specific and general deterrence as foremost sentencing concerns.

Court Disposition

Declarations of guilt for contempt as to specified charges; terms of imprisonment for named respondents; partial suspension for one; costs to applicant; warrants for committal as ordered.

Orders

  • ["Fifth Respondent (Vladimir Vaysman) declared guilty of contempt, sentenced to 3 years' imprisonment, warrant to issue, sentences to be served concurrently." 'Nineteenth Respondent (Victoria Vaysman) declared guilty of contempt, sentenced to 12 months imprisonment, first 2 months to be served, balance suspended for...