Clements, Dunne & Bell Pty Ltd v Commissioner of Australian Federal Police

Clements, Dunne & Bell Pty Ltd applied to the Federal Court to set aside an order of the Federal Magistrates Court that had found them in contempt of court. The contempt was for breaching an interlocutory injunction that restrained them from publishing certain information. The Commissioner of Australian Federal Police opposed the application. The court was required to determine whether the Federal Magistrates Court's decision to find the applicant in contempt was correct and whether the punishment was appropriate.

The Federal Court found that the Federal Magistrates Court was correct in finding the applicant in contempt of court. The Federal Court considered that the applicant had deliberately breached the interlocutory injunction by publishing the information that they were restrained from publishing. The court held that the punishment of a fine of $10,000 was appropriate given the seriousness of the contempt. The court also noted that the applicant had not raised any grounds for setting aside the contempt order that were sufficient to warrant interference by the Federal Court.

The Federal Court dismissed the application to set aside the contempt order. The court ordered that the applicant pay the respondent's costs of and incidental to the proceedings. The court also granted leave to the applicant to apply for a variation of the costs order by filing submissions by a specified date. The respondent was to file and serve any submissions in response by a specified date.