CONTEMPT OF COURT – application brought in relation to alleged non-compliance with order which restrained conduct by reference to list of assets contained in schedule to agreement annexed to affidavit – order served without annexure – to overcome defect in service, oral application made at hearing to amend statement of charge to rely upon further affidavits and to adjourn contempt application – statement of charge failed to specify contempt in compliance with rule 42.12 Federal Court Rules 2011 (Cth) – proposed amendment to statement of charge refused – additional affidavits sought to be relied upon would not have been admitted into evidence if amendment to statement of charge was permitted – adjournment application refused – contempt application dismissed
COSTS – whether indemnity costs should be ordered – where defect in service of order should have been discovered before bringing contempt application – where contempt application should have been withdrawn after discovery – indemnity costs ordered
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2024/2024fca1112
For more information, see the original judgement.
