Victorian Consolidated Regulations

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SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 - REG 75.08.1

Arrest pending contempt hearing

    (1)     If it appears to the Court that a party or other person bound by an order of the Court is guilty of contempt of court, and that the delay caused by proceeding in accordance with Rule 75.06 may cause serious or irreparable mischief, the Court may issue a warrant for the arrest of the person.

    (1.1)     A warrant for the arrest of the person may be issued—

        (a)     where the arrest is ordered by a Judge of the Court, under the hand of the Judge;

        (b)     where the arrest is ordered by the Court of Appeal, under the hand of the presiding Judge.

    (1.2)     A warrant issued under paragraph (1) may be directed to any one or more of the following—

        (a)     the sheriff;

        (b)     a named police officer;

        (c)     all police officers;

        (d)     any named person authorised by law to execute a warrant to arrest; or

        (e)     all persons authorised by law to execute a warrant to arrest.

    (1.3)     The warrant may be in Form 75BA.

    (2)     The Court may thereafter adopt such procedure as it thinks fit and in particular may direct that—

        (a)     proceedings be conducted in accordance with Rule 75.06 with such variation as the case requires;

        (b)     the person arrested be kept in custody or be released or released on terms, including a condition that the person give security for the person's attendance in person to answer a charge of contempt.

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