Australian Prudential Regulation Authority v Siminton (No 11)

FEDERAL COURT OF AUSTRALIA

Australian Prudential Regulation Authority v Siminton (No 11) [2007] FCA 1815

CONTEMPT – Penalty hearing – Where respondent found guilty of contempt for failure to pay a fine imposed by the Full Court – Considerations relevant to penalty – Penalty to reflect seriousness of the matter – Prison term imposed

Bankruptcy Act 1966 (Cth)
Federal Court Rules O 37 r 2

Australian Prudential Regulation Authority v Siminton (No 7) [2007] FCA 1609 referred to
Australian Prudential Regulation Authority v Siminton (No 8) [2007] FCA 1612 referred to
Australian Prudential Regulation Authority v Siminton (No 10) [2007] FCA 1814 referred to

AUSTRALIAN PRUDENTIAL REGULATION AUTHORITY v DAVID ROBERT SIMINTON
VID 1607 OF 2005

TRACEY J
28 NOVEMBER 2007
MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY	VID 1607 OF 2005

BETWEEN:	AUSTRALIAN PRUDENTIAL REGULATION AUTHORITY Applicant
AND:	DAVID ROBERT SIMINTON Respondent

JUDGE:	TRACEY J
DATE OF ORDER:	28 NOVEMBER 2007
WHERE MADE:	MELBOURNE

THE COURT ORDERS THAT:

1.It be declared that the respondent is guilty of contempt by reason of his failure to pay the fine imposed on him by the Full Court by order dated 19 July 2006.

2.The respondent be committed to prison for a period of four months.

3.A warrant issue for the committal of the respondent to prison for a period of four months.

4.The respondent pay the District Registrar’s costs of her notice of motion dated 15 December 2006 on a solicitor-client basis.

5.The warrant issue pursuant to paragraph (3) of these orders lie on the Court file until further order.

6.Until the hearing and determination of any appeal from these orders, or further order:

(a)The respondent not attend at any point of international departure;

(b)The respondent report in person every Monday (commencing on 3 December 2007) between the hours of 9:00am and 5:00pm to the Nunawading Police Station.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY	VID 1607 OF 2005

BETWEEN:	AUSTRALIAN PRUDENTIAL REGULATION AUTHORITY Applicant
AND:	DAVID ROBERT SIMINTON Respondent

JUDGE:	TRACEY J
DATE:	28 NOVEMBER 2007
PLACE:	MELBOURNE

REASONS FOR JUDGMENT

1. On 7 November 2007 I found that Mr Siminton had committed contempt of Court by failing to pay a fine imposed on him by a Full Court within the time stipulated by the Full Court (which included an additional two weeks allowed by the District Registrar under the Full Court’s Order):  see Australian Prudential Regulation Authority v Siminton (No 8) [2007] FCA 1612. These reasons should be read in conjunction with those in Siminton (No 8). 

2. On 19 July 2006 the Full Court ordered that Mr Siminton pay a fine of $50,000 “within 60 days or such further time and by such instalments as the District Registrar may allow.”  The 60 day period expired on 18 September 2006.  On that day the District Registrar ordered that Mr Siminton be granted a further 14 days within which to…