CONTEMPT - consideration of an application for a charge of contempt against a former company director - where the Court made orders by consent for the delivery up of company books and records - whether the charge of contempt is proven beyond reasonable doubt - where the third defendant was aware of the order and failed to comply with it - where the failure to comply with the order was deliberate - where the third defendant contends, having regard to his ill health, that the plaintiffs have not proved beyond reasonable doubt that his actions were wilful and contumacious.
PRACTICE AND PROCEDURE - where the plaintiffs sought an order dispensing with the requirement for personal service in compliance with r 41.07 of the Federal Court Rules 2011 (Cth) - where the plaintiffs sought an order dispensing with compliance with the requirement that the initial order bear the endorsement as required by r 41.06 of the Rules - where the defendant did not oppose the orders dispensing with the requirement for compliance with rr 41.07 and 41.06 of the Rules.
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