Ferguson v Dallow (No 3) [2021] FCA 177

Ferguson v Dallow (No 3) [2021] FCA 177

The respondent intentionally and deliberately breached clear and unambiguous court orders restraining the publication and repetition of certain allegations by publishing a further video containing those allegations within the restraint period and by failing to remove that video from YouTube within the timeframe specified by a subsequent order; such conduct constitutes contempt of court.

Jurisdiction
Australia
Judgment Date
05 March 2021
Procedural Posture
Contempt of Court Proceedings / Liability Judgment on Charges of Contempt Prior to Penalty Hearing
Outcome
Declarations made that the first respondent is guilty of two contempts of court; matter to be re-listed for a hearing on penalty and costs.
Legal Topics
['disobedience of Court Orders' 'interlocutory Injunctions' 'deliberate Breach' 'enforcement of Judicial Orders']
['contempt of Court' 'civil Procedure'] ['disobedience of Court Orders' 'interlocutory Injunctions' 'deliberate Breach' 'enforcement of Judicial Orders']

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Procedural Posture

Contempt of Court Proceedings / Liability Judgment on Charges of Contempt Prior to Penalty Hearing

Legal Issues

  1. 1 ['Whether the respondent is guilty of contempt of court by intentionally disobeying orders made on 2 December 2020 and 9 December 2020']

Ratio Decidendi

The respondent intentionally and deliberately breached clear and unambiguous court orders restraining the publication and repetition of certain allegations by publishing a further video containing those allegations within the restraint period and by failing to remove that video from YouTube within the timeframe specified by a subsequent order; such conduct constitutes contempt of court.

Court Disposition

Declarations made that the first respondent is guilty of two contempts of court; matter to be re-listed for a hearing on penalty and costs.

Orders

  • ["Declaration that Kane Scott Dallow is guilty of contempt of court by publishing the 'Legal Update' video on or about 7 December 2020, contrary to the restraint in order 2(c) of Kerr J's 2 December 2020 orders." "Declaration that Kane Scott Dallow is guilty of contempt of court by failing to remove the third video...