Ferguson v Dallow (No 4) [2021] FCA 513

Ferguson v Dallow (No 4) [2021] FCA 513

The court was satisfied beyond reasonable doubt that the respondent knew the clear terms of White J's permanent injunction and deliberately breached it by publishing the fourth video and a Twitter link that indirectly republished allegations against the applicant. The surrounding circumstances made it fanciful that the respondent or public could have understood the references to concern anyone other than the applicant. The court was also satisfied beyond reasonable doubt that the respondent's statements about a "ring of protection" included the Federal Court and conveyed that the Court protected politicians, lacked independence from executive and parliamentary government, covered up...

Jurisdiction
Australia
Judgment Date
17 May 2021
Procedural Posture
Contempt of Court in Defamation Proceeding / Interlocutory Application for Declarations of Contempt; Penalty and Costs to Be Heard Later
Outcome
Respondent found guilty of both further contempts of court; application listed for penalty and costs hearing.
Legal Topics
['intentional Disobedience of Court Orders' 'permanent Injunction' 'scandalising the Court' 'online Publication' 'indirect Republication of Allegations']
['contempt of Court' 'defamation' 'federal Jurisdiction'] ['intentional Disobedience of Court Orders' 'permanent Injunction' 'scandalising the Court' 'online Publication' 'indirect Republication of Allegations']

Case Brief

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Procedural Posture

Contempt of Court in Defamation Proceeding / Interlocutory Application for Declarations of Contempt; Penalty and Costs to Be Heard Later

Legal Issues

  1. 1 ['Whether the respondent intentionally disobeyed permanent orders made by White J on 19 February 2021 by publishing the video entitled "Broken Parliament" and a Twitter post linking to it.' 'Whether the fourth video indirectly published, republished, distributed, disseminated or made available for viewing the allegations made against the applicant in the first, second and third videos.' 'Whether statements in the fourth video conveyed and were intended to convey that the Federal Court of Australia was part of a ring of protection for politicians, was not independent, covered up misconduct allegations, and gave preferential treatment to politicians.' 'Whether those statements scandalised the court and lowered its authority.']

Ratio Decidendi

The court was satisfied beyond reasonable doubt that the respondent knew the clear terms of White J's permanent injunction and deliberately breached it by publishing the fourth video and a Twitter link that indirectly republished allegations against the applicant. The surrounding circumstances made it fanciful that the respondent or public could have understood the references to concern anyone other than the applicant. The court was also satisfied beyond reasonable doubt that the respondent's statements about a "ring of protection" included the Federal Court and conveyed that the Court protected politicians, lacked independence from executive and parliamentary government, covered up...

Court Disposition

Respondent found guilty of both further contempts of court; application listed for penalty and costs hearing.

Orders

  • ['The Court declares that Kane Scott Dallow is guilty of contempt of court for intentionally disobeying the orders of White J made on 19 February 2021 by publishing the fourth video entitled "Broken Parliament" on the website and YouTube and by publishing a post to Twitter containing a link to the fourth video.'...