Recent Cases

Mensink v Registrar of the Federal Court of Australia [2024] FCAFC 124 (24 September 2024) (Abraham, Hespe and Neskovcin JJ)


Catchwords:


CONTEMPT OF COURT – whether the Court lacked jurisdiction because service under an order for substituted service was not effective service – whether submission to jurisdiction applies to contempt proceedings – whether the primary judge erred in exercising his discretion to allow the trial to proceed in appellant’s absence – submission to jurisdiction applies to contempt proceedings – appellant had submitted to the jurisdiction of the Court – no error in the exercise of the primary judge’s discretion to order the trial to proceed in the appellant’s absence