1 November 2001: The ACCC instituted contempt proceedings against World Netsafe Pty Ltd and its sole director, Terence Butler.
8 December 2002: Justice Spender of the Federal Court, Brisbane, made extensive court orders regarding the ATTM Card Scheme which was promoted and marketed by World Netsafe and Mr Butler.
Justice Spender found that World Netsafe and Mr Butler had breached the Trade Practices Act including ss. 52, 53(aa), 53(c), 53(d), 57, 58, 59 and 61. An urgent ex parte application was heard on 1 November 2001 and Justice Spender ordered that until 2 November 2001 Mr Butler was to be restrained from leaving Australia, was not to approach within 500 metres of any airport or port, and was to surrender all passports held by him to the Registrar of the Federal Court by 2 November 2001.
2 November 2001: Consent orders were made on the basis of the following undertakings by Mr Butler, that he:
would not to leave Australia without first receiving the ACCC’s written consent
would deliver all of his passports to the Registrar of the Federal Court who would hold it or them unless authorised in writing by the ACCC to release it or them to Mr Butler
would not, before 9 November 2001, sell or agree to sell his property situated at Brookfield, Brisbane.
9 November 2001: Through his legal representatives, Mr Butler undertook not to sell, dispose or further encumber or otherwise deal with his interest in his Brookfield property without first giving the ACCC five business days written notice of his intention to do so. Justice Spender also ordered by consent of all parties that Mr Butler:
complete a statement of the financial position of World Netsafe and a personal statement of his own financial position by 26 November 2001
deliver to the Registry of the Federal Court a list of documents on the financial position of him and the company on or before 26 November 2001
attend before the Registrar of the Federal Court to give information and answer questions about his personal property and the property of World Netsafe on a date to be notified by the Registrar.
Justice Spender heard the contempt trial on various days in April and May 2002 and delivered his judgment on 6 March 2003. Justice Spender found two counts of contempt against Mr Butler relating to one of the World Netsafe websites and the lack of provision of information to the ACCC in accordance with the substantive orders of 8 December 2000.
23 April 2003: Justice Spender heard submissions relating to penalty and costs arising from the contempt judgment.
16 December 2003: Justice Spender ordered that in respect of the first and second counts of contempt:
Mr Butler pay a fine of $1000 within 28 days
Mr Butler be imprisoned for one month with a warrant for committal to prison issued
the warrant lie in the Registry and not be executed provided Mr Butler publish a notice on the website www.worldnetsafe.com.au for a period of six months and cause a copy of the notice to be sent to the ACCC along with a list of names and addresses of those persons who were sent the notice by post.
The ACCC was also ordered to pay a third of the respondent’s costs on the notice of motion for committal of contempt.
