Recent Cases

Mensink v Registrar of the Federal Court of Australia [2022] FCAFC 102 (09 June 2022) (Bromwich, Lee and Thawley JJ)


CONTEMPT OF COURT – where Registrar appointed by primary judge to continue conduct of contempt charges originally brought by special purpose liquidator after settlement of principle claim – whether a denial of procedural fairness because of an asserted lack of opportunity to be heard – whether there was power to appoint the Registrar to continue the proceeding – whether rr 42.11 and 42.16 of the Federal Court Rules 2011 (Cth) set out an exhaustive list of procedures for contempt proceedings – whether the Registrar was competent to continue the proceeding – whether settlement merged contempt proceeding and could not be continued– where suppression orders made in related matter with no fixed end date