In the Matter of an Application by Michael Anthony Prichard for an Inquiry into an Election in the South Australian Branch of the Federated Clerks Union of Australia [1985] FCA 153

In the Matter of an Application by Michael Anthony Prichard for an Inquiry into an Election in the South Australian Branch of the Federated Clerks Union of Australia [1985] FCA 153

Mr. Prichard failed to prove, by admissible evidence, that the respondents committed contempt of court; the breach of Federal Court Rules alleged does not, in and of itself, amount to contempt unless it amounts to an offence against justice extending beyond the parties or frustrates the operation of the court.

Parties
Applicant: Michael Anthony Prichard; Respondent: Peter McCusker; Respondent: Paul Heywood-Smith
Jurisdiction
Australia
Judgment Date
27 February 1985
Procedural Posture
Notice of Motion for Contempt of Court / Judgment on Return of Motion
Outcome
motion dismissed
Legal Topics
Contempt Proceedings, Election Inquiry, Federal Court Procedure
Industrial Law Contempt of Court Contempt Proceedings Election Inquiry Federal Court Procedure

Case Brief

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Parties

Michael Anthony Prichard

Applicant

Peter McCusker

Respondent

Paul Heywood-Smith

Respondent

Procedural Posture

Notice of Motion for Contempt of Court / Judgment on Return of Motion

Legal Issues

  1. 1 Whether the conduct of Peter McCusker and Paul Heywood-Smith constituted contempt of court
  2. 2 Whether breach of Federal Court Rules is contempt of court

Ratio Decidendi

Mr. Prichard failed to prove, by admissible evidence, that the respondents committed contempt of court; the breach of Federal Court Rules alleged does not, in and of itself, amount to contempt unless it amounts to an offence against justice extending beyond the parties or frustrates the operation of the court.

Court Disposition

motion dismissed

Orders

  • The motion for contempt is dismissed.