Commonwealth Numbered Regulations

1994 No. 357 INDUSTRIAL RELATIONS COURT RULES - ORDER 40 RULE 5

5. (1) Where it is alleged that a contempt has been committed in connection
with a proceeding in the Court, an application for punishment for the alleged
contempt must be made by motion on notice in the proceeding, but if a separate
proceeding for punishment of the alleged contempt is commenced, the proceeding
so commenced may be continued unless the Court otherwise orders.

(2) Where it is alleged that a contempt has been committed, but not in
connection with the proceeding in the Court, the proceeding for punishment of
the alleged contempt must be commenced as a substantive proceeding but, if an
application for punishment of the alleged contempt is made by motion on notice
in any proceeding, the application may be heard and disposed of in the latter
proceeding, unless the Court otherwise orders.