Event and Time
Event Description
Glenn Thexton, a solicitor in Victoria, had his practicing certificate suspended and his law practice placed under external intervention by a manager appointed by the Victorian Legal Services Board (the Board). In November 2020, Thexton changed the locks on the premises of his practice, obstructing the manager's access to files, which directly contravened a court order issued on October 14, 2020.
Application and Claims
The Victorian Legal Services Board filed a summons on April 12, 2021, charging Thexton with contempt of court for obstructing the manager in performing his duties. The claim rested on the assertion that Thexton's actions constituted a direct violation of the restraining order.
Judicial Decisions
On June 21, 2021, the Court held Thexton in contempt for obstructing the manager (Charge 1) but dismissed the second charge. Following submissions on penalty, Thexton was sentenced to 30 days imprisonment, which was suspended for 30 days, and ordered to pay 75% of the Board’s costs on an indemnity basis.
Dispute Points and Legal Basis
Dispute Points
- Board's Arguments:
- Thexton's act of changing the locks amounted to a clear obstruction of the manager, violating the court order. - The conduct demonstrated a deliberate defiance of judicial authority. - Requested that contempt be met with a custodial sentence to affirm the seriousness of the breach.
- Thexton's Arguments:
- Claimed that the specific circumstances did not warrant a custodial sentence and referenced previous cases, implying a potential for a more lenient approach. - Argued that the court should not record a conviction due to the lack of a criminal history. - Contended that some costs should not be awarded as a portion of the documents presented were irrelevant.