Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 42.14

Arrest

  (1)   If an application for punishment of a contempt has been filed, or a proceeding has been started for punishment of a contempt, a party making the charge may apply to the Court for:

  (a)   an order that the person charged give security for the person's appearance to answer the charge; or

  (b)   the issue of a warrant, in accordance with Form 90:

  (i)   for the person's arrest and detention in custody until the person is brought before the Court; and

  (ii)   for the production of the person before the Court.

  (2)   The party making the charge under subrule (1) must satisfy the Court that the person charged is likely to abscond or otherwise withdraw from the jurisdiction of the Court.

  (3)   If the person charged does not comply with an order to give security, the Court may issue a warrant, in accordance with Form 90, for the arrest of the person and for the person's detention in custody until the person is brought before the Court to answer the charge.

  (4)   A warrant referred to in this rule may be issued to one of the following persons:

  (a)   the Sheriff of the Court;

  (b)   a Deputy Sheriff of the Court;

  (c)   the Sheriff of a court of a State or Territory;

  (d)   a Deputy Sheriff of a court of a State or Territory;

  (e)   a police officer.


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