Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) If it is alleged that a person has committed a contempt of the court (whether or not the contempt occurred in the face or hearing of the court), an application may be made to the court for the person to be dealt with for the contempt.
(2) An application must:
(a) be in accordance with the approved form; and
(b) state the contempt alleged; and
(c) be supported by an affidavit setting out the facts relied on.
Example: For the purposes of paragraph (2)(c), if a person alleges, in an Application--Contempt, that a party is in contempt because of a contravention of an order that involved a flagrant challenge to the court's authority (see subsection 112AP(1) of the Family Law Act), the affidavit must set out the alleged facts necessary to prove this.
Note: An application under this rule and its supporting affidavit must be served personally on the respondent (see Table 2.2).
(3) An application may be made:
(a) if the contempt is in connection with a proceeding--by a party to the proceeding; or
(b) by the Marshal or another officer of the court; or
(c) by an officer or staff member of the Australian Federal Police; or
(d) by a member of the police force of a State or Territory.
(4) The court may direct the Marshal or another officer of the court to consider making an application.
(5) If the court considers that the person is likely to leave the jurisdiction of the court, the court may issue a warrant for the arrest and detention of the person in custody until the person:
(a) attends before the court to answer the charge; or
(b) gives security, as directed by the court, for the person's attendance before the court to answer the charge.
(6) When the person attends before the court, the court must:
(a) tell the person of the allegation; and
(b) ask the person to state whether the person admits or denies the allegation; and
(c) hear any evidence in support of the allegation.
(7) After hearing evidence in support of the allegation, the court may:
(a) if the court decides there is no prima facie case--dismiss the application; or
(b) if the court decides there is a prima facie case:
(i) invite the person to state the person's defence to the allegation; and
(ii) after hearing any defence, determine the charge.
Note: If a maintenance order is complied with before an Application--Contempt is heard by the court, the failure to comply with the order that led to the Application--Contempt being filed does not constitute a contempt of court (see subsection 112AP(1A) of the Family Law Act).
(8) If the court finds the charge proved, the court may make an order for the punishment of the person.
Note: Part XIIIB of the Family Law Act sets out the punishment the court may impose on a person found to be in contempt of court.