Commonwealth Consolidated Regulations

HIGH COURT RULES 2004 - RULE 11.01

11.01.1     When it is alleged, or it appears to the Court, that a person ( the alleged contemnor ) has been guilty of contempt of Court, committed in the face of the Court or in the hearing of the Court, the presiding Justice may, by oral order, direct that the alleged contemnor be arrested and brought before the Court forthwith or may issue a warrant under the Justice's hand for the arrest of the alleged contemnor.

11.01.2     When the alleged contemnor is brought before the Court, the Court shall:

  (a)   orally inform the alleged contemnor of the contempt charged;

  (b)   require the alleged contemnor to make his or her defence to that charge;

  (c)   after hearing the alleged contemnor proceed then or after adjournment to determine the charge; and

  (d)   make whatever order for the punishment or discharge of the alleged contemnor as is just.

11.01.3     Unless the Court admits the alleged contemnor to bail he or she shall be detained in custody as directed by the Court or a Justice until the charge is heard and determined.