Australian Competition & Consumer Commission v Chaste Corporation Pty Ltd (No 6) [2013] FCA 1112

Australian Competition & Consumer Commission v Chaste Corporation Pty Ltd (No 6) [2013] FCA 1112

The Fourth Respondent, by his own conduct, waived his right to be present at the penalty hearing, and proceeding in his absence would cause no injustice beyond that caused by his voluntary absence. His deliberate, cynical and flagrant breaches of the 2 September 2005 injunctive orders were extremely serious contempts, subversive of the administration of justice, committed for mercenary ends, without remorse, and requiring strong specific and general deterrence. Home detention was not available or appropriate; imprisonment in a prison was necessary. A three-year head sentence was required, with the first 18 months to be served and the balance suspended on protective and law-abiding...

Jurisdiction
Australia
Judgment Date
24 October 2013
Procedural Posture
Contempt of Court Proceeding / Penalty and Consequential Orders After Findings of Contempt
Outcome
The Fourth Respondent was declared guilty of two contempts of court and sentenced to three years imprisonment, with the first 18 months to be served in any event and the balance suspended for three years on conditions; costs were awarded to the Applicant on the ordinary basis.
Legal Topics
['punishment for Contempt' 'sentencing in Absence of Contemnor' 'breach of Injunctive Orders' 'availability of Home Detention' 'suspension of Imprisonment' 'costs in Contempt Proceedings']
['contempt of Court' 'federal Court Practice and Procedure' 'sentencing'] ['punishment for Contempt' 'sentencing in Absence of Contemnor' 'breach of Injunctive Orders' 'availability of Home Detention' 'suspension of Imprisonment' 'costs in Contempt Proceedings']

Case Brief

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Procedural Posture

Contempt of Court Proceeding / Penalty and Consequential Orders After Findings of Contempt

Legal Issues

  1. 1 ['Whether the Court should proceed to hear penalty submissions and sentence the Fourth Respondent in his absence.' "What penalty should be imposed for the Fourth Respondent's proved contempts of court." 'Whether home detention was available or appropriate as a punishment for contempt.' 'Whether a term of imprisonment for contempt could be suspended in whole or in part.' 'Whether the Applicant should receive costs, including whether costs should be on an indemnity basis.']

Ratio Decidendi

The Fourth Respondent, by his own conduct, waived his right to be present at the penalty hearing, and proceeding in his absence would cause no injustice beyond that caused by his voluntary absence. His deliberate, cynical and flagrant breaches of the 2 September 2005 injunctive orders were extremely serious contempts, subversive of the administration of justice, committed for mercenary ends, without remorse, and requiring strong specific and general deterrence. Home detention was not available or appropriate; imprisonment in a prison was necessary. A three-year head sentence was required, with the first 18 months to be served and the balance suspended on protective and law-abiding...

Court Disposition

The Fourth Respondent was declared guilty of two contempts of court and sentenced to three years imprisonment, with the first 18 months to be served in any event and the balance suspended for three years on conditions; costs were awarded to the Applicant on the ordinary basis.

Orders

  • ['The Fourth Respondent be imprisoned for a period of three years with the first 18 months to be served in any event, with the 27 days served between 18 November and 15 December 2011 to count as imprisonment already served, and the balance suspended for three years commencing on release on conditions that he not...