Trade Practices Commission v Optus Communications Pty Ltd & Anor [1995] FCA 649

Trade Practices Commission v Optus Communications Pty Ltd & Anor [1995] FCA 649

Where resolution of contempt proceedings requires determination of a major issue in the main suit, the contempt application should usually be adjourned until the final hearing of the principal proceedings, unless special circumstances are demonstrated.

Jurisdiction
Australia
Judgment Date
09 August 1995
Procedural Posture
Civil / Directions Hearing Regarding Scheduling of Final Hearing and Contempt Application
Outcome
Final hearing of the main civil proceedings set down first; hearing of contempt application adjourned to a later date.
Legal Topics
['scheduling of Contempt Proceedings' 'expedition of Main Proceedings' 'public Interest in Scheduling' 'adjournment of Contempt Hearing']
['practice and Procedure' 'contempt of Court'] ['scheduling of Contempt Proceedings' 'expedition of Main Proceedings' 'public Interest in Scheduling' 'adjournment of Contempt Hearing']

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Procedural Posture

Civil / Directions Hearing Regarding Scheduling of Final Hearing and Contempt Application

Legal Issues

  1. 1 ['Whether contempt proceedings should be heard before the final hearing of the main proceedings']

Ratio Decidendi

Where resolution of contempt proceedings requires determination of a major issue in the main suit, the contempt application should usually be adjourned until the final hearing of the principal proceedings, unless special circumstances are demonstrated.

Court Disposition

Final hearing of the main civil proceedings set down first; hearing of contempt application adjourned to a later date.

Orders

  • ['The final hearing of the civil proceedings take place on 26 September 1995 and continue for the duration of that week.' 'Hearing of the contempt application will be at a later date.']