Australian Competition & Consumer Commission v Murray (No 3) [2003] FCA 295

Australian Competition & Consumer Commission v Murray (No 3) [2003] FCA 295

The order imposing fines totalling $70,000 on Mr Murray was varied because, although there were matters concerning WWG funds and possible related assets that might warrant further investigation, the application concerned only Mr Murray's fines and his filed statement of affairs showed liabilities to unsecured creditors of $662,949 and assets of $300; it would be wrong to refuse the variation as a means of applying pressure through possible imprisonment for non-payment.

Jurisdiction
Australia
Judgment Date
31 March 2003
Procedural Posture
Application to Vary Orders Imposing Fines / Post Judgment Variation of Orders Made on 7 February 2003
Outcome
Orders made on 7 February 2003 varied as to Mr Murray's fines; no order as to costs.
Legal Topics
['variation of Orders' 'payment of Fines by Instalments' 'compensation Orders' 'default Clause']
['federal Court Procedure' 'civil Penalties and Fines'] ['variation of Orders' 'payment of Fines by Instalments' 'compensation Orders' 'default Clause']

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Procedural Posture

Application to Vary Orders Imposing Fines / Post Judgment Variation of Orders Made on 7 February 2003

Legal Issues

  1. 1 ['Whether the orders made on 7 February 2003 imposing fines totalling $70,000 on Sidney James Murray should be varied to permit payment by instalments of $10,000 per year for seven years.' "Whether concerns about unexplained complainant funds, transfers to Mr Murray's wife, and possible trust or superannuation interests justified refusing the variation of the fine-payment order."]

Ratio Decidendi

The order imposing fines totalling $70,000 on Mr Murray was varied because, although there were matters concerning WWG funds and possible related assets that might warrant further investigation, the application concerned only Mr Murray's fines and his filed statement of affairs showed liabilities to unsecured creditors of $662,949 and assets of $300; it would be wrong to refuse the variation as a means of applying pressure through possible imprisonment for non-payment.

Court Disposition

Orders made on 7 February 2003 varied as to Mr Murray's fines; no order as to costs.

Orders

  • ['The Orders made on 7 February 2003 be varied to the extent that the fines totalling $70,000 ordered to be paid by the first defendant be paid by instalments of $10,000 per year, commencing on 7 August 2003 and that in default of any instalment for a period of 28 days the unpaid balance shall become immediately due...