Queensland Law Society Inc v. Ebbett

The Supreme Court of Queensland presided over a case involving Queensland Law Society Inc. as the applicant and DeBera Anne Ebbett as the respondent. The applicant sought to have the respondent committed to prison for contempt of court, as well as an order for her to pay the applicant's costs of and incidental to the proceedings. The basis for the contempt application was the respondent's failure to comply with an order made by the Court on 12 September 2002, which directed her to make available the cash ledgers for the period towards the end of November and through December 2001. The applicant alleged that the respondent's non-compliance with the order was contemptuous of the Court.

The legal issues before the court were whether the respondent's conduct amounted to contempt of court and whether the applicant was entitled to an order for the respondent to pay its costs. The court found that the respondent's conduct did amount to contempt of court and that the applicant was entitled to an order for the respondent to pay its costs. The court found that the respondent's failure to comply with the order was wilful and that she had no reasonable excuse for her non-compliance. The court also found that the respondent's conduct had caused a delay in the administration of the receivership and had caused unnecessary expense to the applicant.

The court considered the appropriate punishment for the respondent's contempt of court. The court found that the first breach, in respect of which there would be a conviction, need not be further punished. However, the court found that a community service order of 75 hours was appropriate for the second breach. The court made an order for the respondent to perform unpaid community service for 75 hours and to report to Logan on or before the 5th of August 2005. The court also made an order that the applicant recover from the respondent its costs of and incidental to the proceedings.