Ferguson v Dallow (No 5)

In the case of Ferguson v Dallow (No 5), the respondent, Dallow, was found guilty of four charges of contempt of court, including one charge of scandalising the court. The matter was heard by the Federal Court of Australia, which was required to determine the appropriate sentence for Dallow's contemptuous conduct. The court considered whether Dallow's extensive criminal record for offences other than contempt should be taken into account when determining the sentence and whether an immediate term of imprisonment was the only appropriate penalty.

The court held that when determining a penalty for contempt, the relevant history of the offender includes only other findings of contempt. It should not consider prior convictions of another kind, except for convictions for offences similar to contempt. The court relied on several authorities to support this position, including Australian Competition and Consumer Commission v Levi (No 3), R v Vasiliou (No 2), Grocon Constructors (Victoria) Pty Ltd v Construction, Forestry, Mining and Energy Union (No 2), Admark Property Group Pty Ltd (in liq) v GJ Building and Contracting Pty Ltd, R v Murray, and Victoria International Container Terminal Ltd v Construction, Forestry, Maritime, Mining and Energy Union. The court found that each of the contempts was deliberate and serious, and as such, an immediate and substantial period of imprisonment was the appropriate penalty.

The court sentenced Dallow to a total term of imprisonment of 9 months, dating from 28 June 2021 to 27 March 2022, and ordered him to pay the applicant's costs on an indemnity basis. The court also issued a warrant for Dallow's committal to prison.