The Court held that disclosure by a party (or its director) of statements made during a court-ordered mediation to the Office of the DPP contravened the statutory obligation of confidence in s 71(1) of the Supreme Court Act 1935 (WA) and constituted civil contempt, even where the disclosure occurred in a private conversation between parties during the mediation that one party considered 'off the record'. Fines of $50,000 each were imposed on the individual and corporate defendants, calibrated to their substantial financial resources, with the Court emphasising that general deterrence required a penalty beyond mere indemnity costs. The Court expressly left open whether such a breach could also constitute criminal contempt on the basis that it interferes with the administration of justice.
The full text is available to signed-in members, including the 2 later cases that cite this judgment.
1 of the 2 citing cases carry a classified treatment. How each court treated it is available to signed-in members.