Brookfield Multiplex FSH Contractor Pty Ltd v McDonald

Brookfield Multiplex FSH Contractor Pty Ltd, Brookfield Multiplex WA Pty Ltd, and Brookfield Multiplex Holdings Pty Ltd brought an application against Joseph McDonald and the Construction, Forestry, Mining and Energy Union (CFMEU) for the enforcement of a court order and to determine contempt of court. The applicants alleged that McDonald, an officer of the CFMEU, had deliberately disobeyed a court order prohibiting him from entering within 100 metres of certain hospital sites. The court was required to determine whether McDonald's actions constituted contempt of court and, if so, the appropriate penalty. The court also had to consider the purpose of punishment in contempt cases, specifically whether it should aim for specific deterrence, general deterrence, or both, and whether the penalty should be paid to the applicants.

The court found that McDonald's actions constituted contempt of court as he knowingly breached the order by entering within 100 metres of the hospital sites. The court emphasised the importance of adhering to court orders to maintain the rule of law and respect for the judicial process. The court considered various factors in determining the appropriate penalty, including the seriousness of the contempt, McDonald's previous convictions, and the need for deterrence. The court concluded that both specific and general deterrence were relevant purposes of punishment in contempt cases. The penalty was intended to deter McDonald from future contempt and to serve as a warning to others about the consequences of disobeying court orders. The court ordered McDonald to pay a penalty of $40,000 and the applicants' costs of the penalty hearing on an indemnity basis. The penalty was to be paid into the Consolidated Revenue Fund.