Jorgensen v Fair Work Ombudsman [2019] FCAFC 113

Jorgensen v Fair Work Ombudsman [2019] FCAFC 113

The trial miscarried as the appellant was denied procedural fairness due to the primary judge's excessive and unwarranted intervention, material findings made without a fair opportunity to respond, and misdirections as to the elements of contempt and the 'ordinary and proper course of business' exception. The orders convicting and sentencing the appellant for contempt were set aside and the matter remitted for retrial before a different judge.

Parties
Appellant: Leigh Alan Jorgensen; Respondent: Fair Work Ombudsman
Jurisdiction
Australia
Judgment Date
08 July 2019
Procedural Posture
Appeal / Judgment on Appeal From Conviction and Sentence for Contempt of Court
Outcome
Appeal allowed in part; orders set aside; retrial ordered
Legal Topics
Freezing Orders, Procedural Fairness, Breach of Court Orders, Standard of Proof for Contempt, Role of Trial Judge, Costs in Appeal
Contempt of Court Employment Law Civil Procedure Freezing Orders Procedural Fairness Breach of Court Orders Standard of Proof for Contempt Role of Trial Judge +1 more

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Parties

Leigh Alan Jorgensen

Appellant

Fair Work Ombudsman

Respondent

Procedural Posture

Appeal / Judgment on Appeal From Conviction and Sentence for Contempt of Court

Legal Issues

  1. 1 Whether the appellant was denied procedural fairness due to excessive judicial intervention
  2. 2 Whether the trial judge properly construed the 'ordinary and proper course of business' exception in freezing orders
  3. 3 Whether the appellant knowingly impeded the administration of justice (mens rea for contempt)

Ratio Decidendi

The trial miscarried as the appellant was denied procedural fairness due to the primary judge's excessive and unwarranted intervention, material findings made without a fair opportunity to respond, and misdirections as to the elements of contempt and the 'ordinary and proper course of business' exception. The orders convicting and sentencing the appellant for contempt were set aside and the matter remitted for retrial before a different judge.

Court Disposition

Appeal allowed in part; orders set aside; retrial ordered

Orders

  • The appeal be allowed in part.
  • The declarations made by Judge Vasta on 3 May 2018 be set aside.