The Federal Court has found that Lualhati Jutsen, also known as Teddi Jutsen, was in contempt of an order made by the Federal Court when she withdrew $35,000 from her bank account.
Ms Jutsen was a Respondent in the ACCC’s “TVI Express” pyramid selling scheme proceedings.
The ACCC brought two charges of contempt against Ms Jutsen, namely that:
- she was in contempt of an order made by Yates J on 14 May 2010 which restrained her from operating an ANZ bank account, including withdrawing money from that account. It was alleged that on 15 May 2010, Ms Jutsen withdrew $6,000 from this account in two separate transactions; and
- she was in contempt of orders made by consent by Bennett J on 20 May 2010, by withdrawing $35,000 through a series of six transactions from an ANZ bank account on 28 May 2010, in circumstances where Ms Jutsen was restrained from making withdrawals from this account beyond those required to meet her ordinary living expenses.
In relation to the first charge, Justice Jagot was not satisfied beyond reasonable doubt that Ms Jutsen knew of the contents of the court orders. Accordingly, the Court did not find that Ms Jutsen had committed contempt in relation to that charge.
On the second charge, Justice Jagot was satisfied beyond reasonable doubt that the withdrawal of $35,000 in one day was not reasonably necessary for Ms Jutsen’s ordinary living expenses. Accordingly, the Court found that Ms Jutsen was in contempt of those Federal Court orders.
The matter will now proceed to a hearing as to the penalty to be imposed in respect of this finding of contempt. The matter is listed for further directions at 9.30am on 26 June 2012.