Morgan v Vic

(2008) 22 VR 237; [2008] VSCA 267

Victorian Court of Appeal

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Interrogate

Catchwords

1. Contempt of Court
2. › Civil contempt
3. › Breach of undertaking to court
4. › Undertaking by solicitor to repay money
5. › Whether undertaking superseded by subsequent consent orders
6. › Whether breach of undertaking to pay money enforceable by committal without time for payment being fixed
1. Contempt of Court
2. › Civil contempt
3. › Disobedience to order for payment of money
4. › Whether order for payment of money enforceable by committal where no time for payment fixed
5. › Supreme Court (General Civil Procedure) Rules 2005, rr 59.03(4), 66.02(1)(f), 66.05(1)(a), 66.10
1. Practice and Procedure
2. › Enforcement of judgments and orders
3. › Committal for non-payment of money
4. › Requirement that time for payment be fixed before committal available
5. › Requirement for personal service of endorsed order
6. › Supreme Court (General Civil Procedure) Rules 2005, O 66, O 75
1. Legal Profession
2. › Solicitors
3. › Undertakings to court
4. › Supervisory jurisdiction of court over solicitors
5. › Practice requiring conversion of undertaking to pay into order for payment by fixed date before committal
6. › County Court Act 1958 (Vic), s 54

Quick Take

An undertaking to pay money, or an order for payment of money, cannot be enforced by committal for contempt unless a time for payment has been fixed in the undertaking, order, or by subsequent order under Rule 59.03(4). The recognised English practice requiring conversion of solicitors' undertakings to pay into orders specifying a fixed time for payment before committal may be sought applies in Victoria. Undertakings to pay money may cease to have operative effect when superseded by consent orders addressing the same subject matter.