Australian Competition and Consumer Commission v Chaste Corporation Pty Ltd [2011] FCA 1431

Australian Competition and Consumer Commission v Chaste Corporation Pty Ltd [2011] FCA 1431

The Court had power under s 23 of the Federal Court of Australia Act 1976 (Cth), as an incident of its contempt jurisdiction, to release Mr Foster pending determination of the contempt charge. Balancing the presumption in favour of liberty, the likely delay before hearing, family circumstances and recent parole compliance against Mr Foster's serious history of dishonesty, evasion, non-attendance and flight risk, the Court determined that release should be ordered only on strict conditions and subject to provision of surety or sureties totalling $125,000.

Jurisdiction
Australia
Judgment Date
07 December 2011
Procedural Posture
Application for Release From Custody Pending Hearing and Determination of a Contempt Charge / Interlocutory Application Before Hearing of Contempt Charge
Outcome
Mr Foster was ordered to be released pending determination of the contempt charge if surety or sureties totalling $125,000 were provided, subject to strict conditions; until then, further imprisonment was ordered. The proceedings were also ordered to be transferred to the Queensland District Registry.
Legal Topics
['release From Custody Pending Contempt Proceedings' 'bail Like Power of the Federal Court' 'surety and Conditions of Release' 'transfer Between Federal Court Registries' 'risk of Flight and Attendance at Court']
['criminal Law' 'practice and Procedure' 'contempt of Court'] ['release From Custody Pending Contempt Proceedings' 'bail Like Power of the Federal Court' 'surety and Conditions of Release' 'transfer Between Federal Court Registries' 'risk of Flight and Attendance at Court']

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Procedural Posture

Application for Release From Custody Pending Hearing and Determination of a Contempt Charge / Interlocutory Application Before Hearing of Contempt Charge

Legal Issues

  1. 1 ['Whether the Federal Court has power to release a person from custody pending the hearing and determination of a contempt charge.' 'Whether, in the circumstances, Mr Foster should be released from custody pending determination of the contempt charge.' 'Whether the proceedings should be transferred from the New South Wales District Registry to the Queensland District Registry.']

Ratio Decidendi

The Court had power under s 23 of the Federal Court of Australia Act 1976 (Cth), as an incident of its contempt jurisdiction, to release Mr Foster pending determination of the contempt charge. Balancing the presumption in favour of liberty, the likely delay before hearing, family circumstances and recent parole compliance against Mr Foster's serious history of dishonesty, evasion, non-attendance and flight risk, the Court determined that release should be ordered only on strict conditions and subject to provision of surety or sureties totalling $125,000.

Court Disposition

Mr Foster was ordered to be released pending determination of the contempt charge if surety or sureties totalling $125,000 were provided, subject to strict conditions; until then, further imprisonment was ordered. The proceedings were also ordered to be transferred to the Queensland District Registry.

Orders

  • ['The operation of the warrant for imprisonment of the Fourth Respondent, Peter Clarence Foster, dated 28 November 2011, under which he is currently held, is stayed until further order.' 'Pending the issue of the further warrant, Mr Foster is to be held in the holding cells in the basement or, to permit access to...