Commonwealth Consolidated Regulations

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HIGH COURT RULES 2004 - RULE 11.02

Other cases

11.02.1     In a case where rule   11.01.1 does not apply application for punishment for contempt of Court shall be made by summons for an order that the alleged contemnor be committed to prison for contempt.

11.02.2     A summons under rule   11.02.1 shall:

  (a)   specify the contempt alleged against the alleged contemnor;

  (b)   be served personally on the alleged contemnor; and

  (c)   be served together with any affidavit upon which the party applying intends to rely.

11.02.3     Where a summons under rule   11.02.1 has been filed and it is made to appear to a Justice that the alleged contemnor is likely to abscond or otherwise withdraw from the jurisdiction of the Court the Justice may by warrant direct that the alleged contemnor be arrested and detained in custody until brought before the Court or a Justice to answer the charge unless, in the meantime, that alleged contemnor gives security in an amount and on terms determined by the Justice for the alleged contemnor's appearance to answer the charge and to submit to the judgment of the Court.


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