Consent orders are to be construed using surrounding circumstances in accordance with the Codelfa principles applicable to contracts. The degree of clarity required for enforcement by contempt proceedings follows the Owen/Windeyer JJ approach in Australian Consolidated Press v Morgan: if a person trying to understand and obey the order could be in real doubt about its meaning, the charge will fail. The standard 'servants and agents' formula in injunctions does not extend liability to independent contractors or persons whose agency relationship with the defendant is not established. Practitioners seeking to restrain activities by subcontractors should draft orders requiring the defendant not to 'permit, suffer or cause' the prohibited activity.
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