Victorian Civil and Administrative Tribunal Act 1998, Failure to comply with Orders of the Tribunal, Section 137(1)(f), Apology, Section 137(7).

1. The Respondent is convicted of contempt pursuant to section 137 of the Victorian Civil and Administrative Tribunal Act 1998.

1. On the evidence before me from Mr Thompson, I am not satisfied that the contempt is continuing notwithstanding suggestions that the former Tenant has complaints about the delivery of his goods and chattels and claims that a number have not been delivered up.

2. His evidence is, which has not in fact been challenged, that all the goods and chattels that were left behind were left on his front doorstep which is some distance from the road and it is common ground that whatever was there seems to have been picked up by the former Tenant's brother.

3. In those circumstances, particularly because of the standard of proof, I am not satisfied that there is any continuing contempt. I accept that there is no longer any continuing contempt.

4. I hope that you Mr Thompson realise that if in the future you have a claim for rental or some other claim against a Tenant you won't attempt to take the law into your own hands and further if an order is made against you by this Tribunal or a Court you will comply with it.

5. You should be well aware that, you have been punished on this occasion, the punishment could be much worse as the penalties provide for up to five years imprisonment for committing a contempt.

6. I expected there may have been a claim for monies owing and I suspect that what you were trying to do is to engage in some self help. However, because of the legislation you are not entitled to do that and what I am saying to you is that unless you comply with the law and particularly comply with orders made by the Tribunal you will continue to get into trouble even if you believe you are morally in the right.

7. What is being determined here and what you have been punished for is failing to obey an order of the Tribunal and I hope that what has happened to you is a salutary warning to others who may feel similarly inclined to take the law into their own hands.

8. If a party wilfully fails to comply with an order of the Tribunal and in this case continues to fail to comply, that is a contempt of the Tribunal and of course may be punished by a fine or imprisonment.

9. I accept the apology that was given on your behalf and the concession made on your behalf by your solicitor that you have committed a contempt.

10. I might say so far as the arguments seem to exist between yourself and your former Tenant that is a matter that is going to have to be resolved subsequently in some compensation proceeding and I accept the submissions from both sides of the Bar Table that that is the appropriate way for this matter to now proceed and it is not a matter of a continuing contempt.

11. I accept in so far as the contempt which you have committed called for punishment you have already been punished adequately. You have spent one night in gaol and that combined with an apology I accept as a sufficient expiation for the offence.

12. I think you were quite wilful in your contempt and I think you should be convicted of the contempt and there be no penalty. No doubt the differences you still have with your former Tenant will be sorted out at a later time.