Harvey v Henderson (No 2)

In the case of Harvey v Henderson, the plaintiffs, Harvey, sought relief against the defendant, Henderson, for breaches of orders made by the Court. The orders restrained Henderson from publishing any matter conveying the same or substantially similar imputations to publications previously complained of in defamation proceedings. Despite the orders, Henderson published material that conveyed similar defamatory imputations, leading to the plaintiffs' application for a finding of contempt. The Federal Court of Australia was tasked with determining whether Henderson's actions constituted contempt of court and, if so, whether it was civil or criminal contempt.

The primary legal issue before the Court was the interpretation of the phrase "pending the hearing of this matter" within the context of the orders. The Court needed to determine the temporal scope of the orders and whether Henderson's publications fell within that scope. Additionally, the Court had to distinguish between civil and criminal contempt, considering the implications of each for Henderson's liability. The plaintiffs argued that the orders were clear and that Henderson's actions constituted civil contempt due to the breach of the orders.

The Court found that the orders were intended to remain in effect until the defamation proceedings were concluded. It held that "pending the hearing of this matter" meant until the final determination of the defamation claim. Consequently, Henderson's publications after the order were considered breaches of the orders. The Court further held that the contempt was civil in nature, as it arose from the breach of the orders rather than any inherent disregard for the Court's authority. Therefore, Henderson was found guilty of civil contempt.

The Court ordered Henderson to pay damages to the plaintiffs for the breach of the orders. Additionally, the Court directed Henderson to publish an apology and retraction of the defamatory material in specified media outlets. This included the publication of the Court's findings and the reasons for the orders, ensuring that the defamatory imputations were corrected and the plaintiffs' reputations were vindicated.