Commonwealth Consolidated Regulations

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FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (FAMILY LAW) RULES 2021 - RULE 11.70

Contempt in the face or hearing of court

  (1)   If it appears to the court that a person is guilty of contempt in the face of or in the hearing of the court, the court may:

  (a)   order that the person attend before the court; or

  (b)   issue a warrant for the person's arrest.

  (2)   When the person attends before the court, the court must:

  (a)   tell the person of the contempt with which the person is charged; and

  (b)   allow the person to state the person's defence to the charge; and

  (c)   after hearing the defence, determine the charge; and

  (d)   make an order for the punishment or discharge of the person.

  (3)   The court may direct that the person be kept in custody or released until the charge is determined.

  (4)   The court may direct that the person give security for the person's attendance before the court to answer the charge.

Note:   Contempt in the court room interferes with the administration of justice. Examples of actions that may be contempt include:

(a)   assaulting or threatening a Judge or another person; and

(b)   insulting the court; and

(c)   disrupting court proceedings; and

(d)   disrespect or other misbehaviour in court.



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