FEDERAL COURT OF AUSTRALIA
Lusty (Examiner) v ITT24 [2025] FCA 141
File number: NTD 20 of 2024 Judgment of: VANDONGEN J Date of judgment: [REDACTED] Date of publication of reasons: 5 March 2025 Catchwords: CONTEMPT OF COURT - refusal to take oath or affirmation when required to do so under s 28 of the Australian Crime Commission Act 2002 (Cth) contrary to s 34A(a)(i) of the Act - refusal to answer questions in examination contrary to s 34A(a)(ii) of the Act - Court's power to deal with contempt under s 34B of the Act - consideration of principles relevant to imposing penalty for contempt - where respondent refuses to purge contempt - sentence of immediate imprisonment imposed
PRACTICE AND PROCEDURE - Federal Court of Australia Act 1976 (Cth) s 37AF - order made restricting the publication of reasons for judgment
Legislation: Australian Crime Commission Act 2002 (Cth) ss 4, 7, 7A, 7C, 24A, 25A, 28, 29A, 29B, 33, 34A, 34B, 34C, 46B
Evidence Act 1995 (Cth) s 4
Federal Court Rules 2011 (Cth) rr 42.12, 42.15, Part 42
Australian Crime Commission Regulations 2018 (Cth) reg 8
Sentencing Act 1995 (NT) s 63
Cases cited: Anderson v BYF19 [2019] FCA 1959
Anderson v XLVII [2015] FCA 19
Australian Competition & Consumer Commission v INFO4PC.com Pty Ltd [2002] FCA 949; (2002) 121 FCR 24
Australian Competition and Consumer Commission v Levi (No 3) [2008] FCA 1586
Ferguson v Dallow (No 5) [2021] FCA 698
Grocon Constructors (Victoria) Pty Ltd v Construction, Forestry, Mining and Energy Union (No 2) [2014] VSC 134; (2014) 241 IR 288
Hannaford (an Examiner under the Australian Crime Commission Act 2002) v HH [2010] FCA 1214; (2010) 205 A Crim R 366
Hughes v Australian Competition & Consumer Commission [2004] FCAFC 319; (2004) 247 FCR 277
JFB v The State of Western Australia [2024] WASCA 41
Lusty (Examiner) v DEZ22 (No 2) [2023] FCA 858
Seven Network (Operations) Ltd v Dowling (No 2) [2021] NSWSC 1106
The State of Western Australia v Rayapen [2023] WASCA 55
Von Doussa v Owens (No 3) (1982) 31 SASR 116
Wood v Galea (1995) 79 A Crim R 567
Wood v Staunton (No 5) (1996) 86 A Crim R 183
Division: General Division Registry: Northern Territory National Practice Area: Federal Crime and Related Proceedings Number of paragraphs: 84 Date of hearing: [REDACTED] Counsel for the Applicant: Ms E Farroukh Solicitor for the Applicant: Australian Government Solicitor Counsel for the Respondent: Mr R Size Solicitor for the Respondent: Bryson Kelly Legal ORDERS
NTD 20 of 2024 BETWEEN: DAVID LUSTY (AN EXAMINER APPOINTED UNDER SECTION 46B OF THE AUSTRALIAN CRIME COMMISSION ACT 2002 (CTH))
Applicant
AND: ITT24
Respondent
ORDER MADE BY:
VANDONGEN J
DATE OF ORDER:
[REDACTED]
THE COURT DECLARES THAT:
1.The respondent is guilty of contempt of the Australian Criminal Intelligence Commission in that on [redacted],…
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- AGLC
- Lusty (Examiner) v ITT24 [2025] FCA 141
- Case
- [2025] FCA 141
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
3. On the first charge of contempt, the respondent is sentenced to a term of imprisonment of 12 months, which sentence is to commence on [redacted].
4. On the second charge of contempt, the respondent is sentenced to a term of imprisonment of 12 months, which sentence is to commence on [redacted].
5. A warrant for the respondent's committal to prison be issued and with a copy of these Orders, be provided to the Darwin Correctional Centre, Northern Territory.
6. There be liberty to apply if the respondent purges his contempt before 12 December 2025.
7. The respondent is to pay the applicant's costs of the application, in the amount of $25,976.39.
8. Pursuant to s 37AF of the Federal Court of Australia Act 1976 (Cth), on the grounds in s 37AG(1)(a) and (c):
(a) the reasons for judgment not be published and not be made available to any person other than a party to the proceeding or their legal representatives otherwise than pursuant to an order of a judge of the Court; and
(b) within seven days the parties provide to the Associate to Vandongen J a proposed redacted version of the reasons for judgment which the parties consider is appropriate for publication.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
Background
Background to the litigation
Evidence
Evidence Before The Court
Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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