Contempt of Court: Report (html)

General category of contempt

Intention or recklessness as to risk of interference

For an individual, 10 years imprisonment and/or 1200 penalty units

For a body corporate, 6000 penalty units

Disruptive behaviour in or near the courtroom

Conduct must be intended

Strict liability for consequence of conduct

For the Magistrates’ Court, Children’s Court and Coroners Court: for an individual, 6 months imprisonment and/or a fine of 25 penalty units.

For the Supreme and County Courts:

for the making of an unauthorised recording of a proceeding, including by taking photographs, filming or other recording; insulting behaviour; disrupting or interrupting a proceeding, or for defying an order or direction made by a judicial officer at and in relation to the hearing of the proceeding: for an individual, 12 months imprisonment and/or a fine of 120 penalty units, for a body corporate 600 penalty units

for obstructing, threatening, abusing, assaulting or seeking to improperly influence any person in or near the court, or for witness misconduct: for an individual, 5 years imprisonment and/or a fine of 600 penalty units, for a body corporate 3000 penalty units.

Non-compliance

Knowledge of the order or undertaking

Conduct must be intended

Strict liability as to the breach of order

For an individual, 5 years imprisonment and/or a fine of 600 penalty units

For a body corporate, 3000 penalty units or three times the value of any benefit, or if this cannot be determined, 10% of the annual turnover

Publishing material that prejudices a legal proceeding

Publication must be intended

Strict liability for consequence of conduct (with statutory defence of reasonable care)

For an individual, 2 years imprisonment or 240 penalty units

For a body corporate, 1200 penalty units

Publishing material undermining public confidence in the judiciary or courts

Intention or recklessness as to whether publication created a serious risk

For an individual, 2 years imprisonment or 240 penalty units

For a body corporate, 1200 penalty units for bodies corporate

Breach of a statutory suppression order

Ss 23, 27 of the Open Courts Act

For an individual, 2 years imprisonment or 240 penalty units

For a body corporate, 1200 penalty units

Breach of a common law suppression order or pseudonym order

Proposed new section

For an individual, 2 years imprisonment or 240 penalty units

For a body corporate, 1200 penalty units

Publication of information about directions hearings and sentence indications

Now s 3(1)(c) of the Judicial Proceedings Reports Act

For an individual, 6 months imprisonment and/or 60 penalty units

For a body corporate, 300 penalty units

Identification of victim of sexual offence

Now s 4(1A) of the Judicial Proceedings Reports Act

For an individual, 6 months imprisonment and/or 60 penalty units

For a body corporate, 300 penalty units

Vic

12 months imprisonment and/or fine of 120 penalty units ($19,826.40)t3

Inquiries Act 2014 (Vic) ss 50, 90, 120; Independent Broad-based Anti-Corruption Commission Act 2011 (Vic) s 182

Vic

6 months imprisonment and/or fine of 60 penalty units ($9913.20)

Victorian Civil and Administrative Tribunal Act 1998 (Vic) s 136

Vic

Fine of 120 penalty units ($19,826.40)

Mental Health Act 2014 (Vic) s 205

NSW

5 years imprisonment and/or fine of 1000 penalty units ($110,000)

Crimes Act 1900 (NSW) ss 330, 335

Qld

12 months imprisonment and/or fine of 85 penalty units ($11343.25)

Crime and Corruption Act 2001 (Qld) ss 217(1), 218

Qld

Fine of 100 penalty units ($13,345)

Queensland Civil and Administrative Tribunal Act 2009 (Qld) s 216; Mental Health Act 2016 (Qld) s 761

SA

5 years imprisonment and/or fine of $22,000

Australian Crime Commission (South Australia) Act 2004 (SA) s 25

SA

4 years imprisonment and/or fine of $20,000

Independent Commissioner against Corruption Act 2012 (SA) sch 2 cl 10

WA

7 years imprisonment3

Criminal Code (WA) s 127

WA

5 years imprisonment and/or fine of $100,000

Corruption, Crime and Misconduct Act 2003 (WA) s 168

WA

Fine of $10,000

State Administrative Tribunal Act 2004 (WA) s 98

Tas

21 years imprisonment3 (all crimes in the Code which do not have a specified penalty of 21 years)4

Criminal Code (Tas) s 95

NT

7 years imprisonment and/or fine of 700 penalty units ($109,900)

Criminal Code (NT) s 118

ACT

7 years imprisonment and/or fine of 700 penalty units ($112,000)

Criminal Code 2002 (ACT) s 705

Cth

5 years imprisonment and/or fine of 300 penalty units ($63,000)

Crimes Act 1914 (Cth) s 35

Cth

5 years imprisonment and/or fine of 200 penalty units ($42,000)

Royal Commissions Act 1902 (Cth) s 6H

Cth

12 months imprisonment and/or fine of 60 penalty units ($12,600)

Administrative Appeals Tribunal Act 1975 (Cth) s 62A

Cth

Fine of 40 penalty units ($8400)

Native Title Act 1993 (Cth) s 173

Vic

5 years imprisonment and/or fine of 600 penalty units ($99,132)

Crimes Act 1958 (Vic) s 254

NSW

10 years imprisonment and/or fine of 1000 penalty units ($110,000)

Crimes Act 1900 (NSW) s 317

Qld

7 years imprisonment3

Criminal Code (Qld) ss 126, 129

SA

7 years imprisonment3

Criminal Law Consolidation Act 1935 (SA) s 243

WA

7 years imprisonment3

Criminal Code (WA) ss 129, 132

WA

3 years imprisonment and/or fine of $60000

Corruption, Crime and Misconduct Act 2003 (WA) s 171

Tas

21 years imprisonment3 (all crimes in the Code which do not have a specified penalty have a default penalty of 21 years)4

Criminal Code (Tas) ss 97, 99

NT

7 years imprisonment and/or fine of 700 penalty units ($109,900)

Criminal Code (NT) s 99

NT

3 years imprisonment and/or fine of 300 penalty units ($47,100)

Criminal Code (NT) s 102

ACT

7 years imprisonment and/or fine of 700 penalty units ($112,000)

Criminal Code (ACT) s 706

Cth

5 years imprisonment and/or fine of 300 penalty units ($63,000)

Crimes Act 1914 (Cth) ss 36, 39

Cth

2 years imprisonment and/or fine of 100 penalty units ($21,000)

Royal Commissions Act 1902 (Cth) s 6K

Vic

15 years imprisonment and/or fine of 1800 penalty units ($297,396)

Crimes Act 1958 (Vic) s 314

NSW

10 years imprisonment and/or fine of 1000 penalty units ($110,000)

Crimes Act 1900 (NSW) s 327

Qld

14 years imprisonment3 or life imprisonment, if done to procure conviction of another person for a crime punishable with imprisonment for life

Criminal Code (Qld) s 124(1)

SA

7 years imprisonment3

Criminal Law Consolidation Act 1935 (SA) s 242

WA

14 years imprisonment3

Criminal Code (WA) s 125

Tas

21 years imprisonment3 (all crimes in the Code which do not have a specified penalty have a default penalty of 21 years)5

Criminal Code (Tas) s 94

NT

14 years imprisonment and/or fine of 1400 penalty units ($219,800)

Criminal Code (NT) s 97

ACT

7 years imprisonment and/or fine of 700 penalty units ($112,000)

Criminal Code 2002 (ACT) s 703

Vic

25 years imprisonment and/or fine of 3000 penalty units ($495,660)

Crimes Act 1958 (Vic) s 320

NSW

14 years imprisonment and/or fine of 1000 penalty units ($110,000)

Crimes Act 1900 (NSW) s 318

Tas

21 years imprisonment3 (all crimes in the Code which do not have a specified penalty have a default penalty of 21 years)4

Criminal Code (Tas) s 105

Qld

7 years imprisonment3

Criminal Code (Qld) s 140

SA

4 years imprisonment3

Criminal Law Consolidation Act (SA) s 256

WA

7 years imprisonment3

Criminal Code (WA) s 143

NT

15 years imprisonment and/or fine of 1500 penalty units ($235,500)

Criminal Code (NT) s 109

ACT

7 years imprisonment and/or fine of 700 penalty units ($112,000)

Criminal Code 2002 (ACT) s 713

Cth

10 years imprisonment and/or fine of 600 penalty units ($126,000)

Crimes Act 1914 (Cth) s 43

Embracery

Vic

15 years imprisonment and/or fine of 1800 penalty units ($297,396)

Crimes Act 1958 (Vic) s 320

Corruption of witnesses and jurors

NSW

10 years imprisonment and/or fine of 1000 penalty units ($110,000)

Crimes Act 1900 (NSW) s 321

Corruption of jurors and witnesses

Qld

7 years imprisonment3

Criminal Code (Qld) ss 122, 127

Bribery or corruption of witness

SA

10 years imprisonment3

Criminal Law Consolidation Act 1935(SA) s 244(1), (2)

Corruption of witness

WA

7 years imprisonment3

Criminal Code (WA) s 130

Corrupting or threatening jurors

WA

5 years imprisonment3

Criminal Code (WA) s 123

Bribery of witness

WA

5 years imprisonment and/or fine of $100,000

Corruption, Crime and Misconduct Act 2003 (WA) s 169

Corruption of witnesses

Tas

21 years imprisonment3 (all crimes in the Code which do not have a specified penalty have a default penalty of 21 years)4

Criminal Code (Tas) s 98

Corruption of witnesses or jurors

NT

7 years imprisonment and/or fine of 700 penalty units ($109,900)

Criminal Code (NT) ss 96, 100

Corrupting or threatening jurors

NT

7 years imprisonment and/or fine of 700 penalty units ($109,900)

Criminal Code (NT) s 95

Corruption in relation to legal proceedings

ACT

7 years imprisonment and/or fine of 700 penalty units ($112,000)

Criminal Code 2002 (ACT) s 707

Bribery of jurors or potential jurors

Cth

10 years imprisonment and/or fine of 600 penalty units ($126,000)

Federal Court of Australia Act (Cth) s 58AG

Corruption or bribery of witnesses

Cth

5 years imprisonment and/or fine of 300 penalty units ($63,000)

Crimes Act 1914 (Cth) s 37; Royal Commissions Act 1902 (Cth) s 6I

Deceiving witness

Qld

3 years imprisonment3

Criminal Code (Qld) s 128

Deceiving witness

SA

10 years imprisonment3

Criminal Law Consolidation Act 1935 (SA) s 244(5)

Deceiving witness

WA

3 years imprisonment3

Criminal Code (WA) s 131

Fraud on witness

WA

3 years imprisonment and/or fine of $60,000

Corruption, Crime and Misconduct Act 2003 (WA) s 170

Deceiving witnesses

NT

3 years imprisonment and/or fine of 300 penalty units ($47,100)

Criminal Code (NT) s 101

Deceiving witness, interpreter or juror etc

ACT

5 years imprisonment and/or fine of 500 penalty units ($80,000)

Criminal Code 2002 (ACT) s 708

Deceiving witnesses

Cth

2 years imprisonment and/or fine of 120 penalty units ($25,200)

Crimes Act 1914 (Cth) s 38; Royal Commissions Act 1902 (Cth) s 6J

Intimidation or reprisals relating to involvement in investigation or criminal proceedings

Vic

10 years imprisonment and/or fine of 1200 penalty units ($198,264)

Crimes Act 1958 (Vic) s 257

Detrimental action against inquiry members

Vic

2 years imprisonment and/or fine of 240 penalty units ($39652.8)

Inquiries Act 2014 (Vic) ss 52, 92, 122

Dismissal of employee because juror

Vic

12 months imprisonment and/or fine of 120 penalty units ($19,826.40)

Juries Act 2000 (Vic) s 76

Employers taking detrimental information against witnesses

Vic

12 months imprisonment and/or fine of 120 penalty units ($19,826.40)

Inquiries Act 2014 (Vic) ss 51, 91, 121

Threatening or intimidating judges, witnesses, jurors etc, or reprisals

NSW

10 years imprisonment and/or fine of 1000 penalty units ($110,000)

Crimes Act 1900 (NSW) ss 322, 326

Threatening or intimidating victims or witnesses

NSW

7 years imprisonment and/or fine of 1000 penalty units ($110,000)

Crimes Act 1900 (NSW) s 315A

Influencing witnesses or jurors

NSW

7 years imprisonment and/or fine of 1000 penalty units ($110,000)

Crimes Act 1900 (NSW) s 323

Soliciting information from or harassing jurors or former jurors

NSW

7 years imprisonment and/or fine of 1000 penalty units ($110,000)

Jury Act 1977 (NSW) s 68A

Unlawful dismissal of or prejudice to employees summoned for jury service

NSW

12 months imprisonment and/or fine of 50 penalty units ($5500)

Jury Act 1977 (NSW) s 69

Other offences relating to employment conditions of juror

NSW

20 penalty units ($2200)

Jury Act 1977 (NSW) s 69A

Retaliation against or intimidation of judicial officer, juror, witness in relation to prescribed offence

Qld

10 years imprisonment3

Criminal Code (Qld) s 119B(1A)

Retaliation against or intimidation of judicial officer, juror, witness

Qld

7 years imprisonment3

Criminal Code (Qld) s 119B(1)

Injury or detriment to witness

Qld

3 years imprisonment and/or fine of 255 penalty units ($34,029.75)

Crime and Corruption Act 2001 (Qld) s 211

Victimisation of witness or other person involved in proceedings

Qld

Fine of 85 penalty units ($11,343.25)

Crime and Corruption Act 2001 (Qld) s 212

Offences relating to jurors with intention of influencing outcome of proceedings

SA

10 years imprisonment3

Criminal Law Consolidation Act 1935 (SA) s 245

Threats or reprisals to those involved in criminal investigations or judicial proceedings

SA

10 years imprisonment3

Criminal Law Consolidation Act 1935 (SA) s 248

Harassment to obtain information about jury’s deliberations

SA

2 years imprisonment and/or fine of $10,000

Criminal Law Consolidation Act 1935 (SA) s 247

Corrupting or threatening jurors

WA

5 years imprisonment3

Criminal Code (WA) s 123

Injury or detriment to witness, dismissal by employer of witness

WA

5 years imprisonment and/or fine of $100,000

Corruption, Crime and Misconduct Act 2003 (WA) ss 173, 174

Victimisation of witness or other person involved in proceedings

WA

3 years imprisonment and/or fine of $60,000

Corruption, Crime and Misconduct Act 2003 (WA) s 175

Threatening witness before Royal Commission

WA

2 years imprisonment3

Criminal Code (WA) s 128

Dismissal of employees because juror

WA

Fine of $10,000

Juries Act 1957 (WA) s 56

Interferences or reprisals against witness

Tas

21 years imprisonment3 (all crimes in the Code which do not have a specified penalty of 21 years)6

Criminal Code (Tas) s 100

Influencing or threatening jurors

Tas

5 years imprisonment and/or fine of 500 penalty units ($84,000)

Juries Act 2003 (Tas) s 63

Interference with witness or reprisals against witness

Tas

2 years imprisonment and/or fine of 100 penalty units ($16,800)

Commissions of Inquiry Act 1995 (Tas) s 33

Dismissal by employers of witness

Tas

2 years imprisonment and/or fine of 100 penalty units ($16,800)

Commissions of Inquiry Act 1995 (Tas) s 33(3)

Interferences with and reprisals against witness

Tas

12 months imprisonment and/or fine of 5000 penalty units ($840,000)

Integrity Commission Act 2009 (Tas) ss 80(1), ((2)

Corrupting or threatening jurors

NT

7 years imprisonment and/or fine of 700 penalty units ($109,900)

Criminal Code (NT) s 95

Threats or reprisals to those involved in criminal investigations or judicial proceedings or against public officers

NT

7 years imprisonment and/or fine of 700 penalty units ($109,900)

Criminal Code (NT) s 103A

Unlawful dismissal of or prejudice to employees summoned for jury service

NT

12 months imprisonment and/or fine of 40 penalty units ($6280)

Juries Act 1962 (NT) s 52

Threatening etc witness, interpreter or juror

ACT

5 years imprisonment and/or fine of 500 penalty units ($80,000)

Criminal Code 2002 (ACT) s 710

Preventing attendance etc of witness, interpreter or juror, or production of evidence

ACT

5 years imprisonment and/or fine of 500 penalty units ($80,000)

Criminal Code 2002 (ACT) ss 709, 711

Threatening etc participant in criminal investigation

ACT

5 years imprisonment and/or fine of 500 penalty units ($80,000)

Criminal Code 2002 (ACT) s 709A

Reprisals against person involved in proceeding

ACT

5 years imprisonment and/or fine of 500 penalty units ($80,000)

Criminal Code 2002 (ACT) s 712

Unlawful dismissal of or prejudice to employees summoned for jury service

ACT

6 months imprisonment and/or fine of 50 penalty units ($8000)

Juries Act 1967 (ACT) s 44AA

Causing harm to jurors, potential jurors or former jurors

Cth

10 years imprisonment and/or fine of 600 penalty units ($126,000)

Federal Court of Australia Act 1976 (Cth) s 58AH(1)

Threatening to cause harm to jurors, potential jurors or former jurors

Cth

7 years imprisonment and/or fine of 420 penalty units ($88,200)

Federal Court of Australia Act 1976 (Cth) s 58AH(2)

Intimidation of witnesses etc

Cth

5 years imprisonment and/or fine of 300 penalty units ($63,000)

Crimes Act 1914 (Cth) s 36A

Victimisation of witness or other person involved in proceedings

Cth

2 years imprisonment and/or fine of 120 penalty units ($25,200)

Law Enforcement Integrity Commissioner Act 2006 (Cth) s 220

Preventing witnesses from attending court

Cth

12 months imprisonment and/or fine of 60 penalty units ($12,600)

Crimes Act 1914 (Cth) s 40

Obstructing jurors or potential jurors

Cth

12 months imprisonment and/or fine of 60 penalty units ($12,600)

Federal Court of Australia Act (Cth) s 58AI

Dismissal by employers of witness, injury to witness

Cth

12 months imprisonment and/or fine of 10 penalty units ($2100)

Royal Commissions Act 1902 (Cth) ss 6M, 6N

VIC

Supreme Court

Slaveski v The Queen [2015] VSC 416

Conviction on nine charges of threatening, violent, abusive and offensive language in calls, emails and in court to judicial officers, court employees, lawyers and their families. Prior convictions; mental health considerations.

23 months imprisonment (for 9 charges), with sentences varying between 2–6 months imprisonment for each charge, other than 9 months for charge in relation to email.

Vic

Court of Appeal

Slaveski v The Queen [2012] VSCA 48

Behaviour of abusing and threatening presiding judge; disturbing proceeding; making allegations improperly. Pleaded not guilty to one charge.

2 months imprisonment.

NSW

Supreme Court

Prothonotary of the Supreme Court of New South Wales v Mallegowda [2016] NSWSC 1087

Threatened witness in defamation proceeding that if he did not withdraw his affidavit, he would report him to the ATO and immigration department.

9 months imprisonment, suspended.

NSW

Supreme Court

Prothonotary of the Supreme Court of New South Wales v Katelaris (No 2) [2008] NSWSC 702

After jury convicted him, defendant made insulting remarks about the jury in their presence, describing them as ignorant. He later spoke to the media calling the jury a group of 12 sheep.

6 months imprisonment on first charge (comments made in presence of jury), 12 months imprisonment on second charge (comments made to the media). Both terms wholly suspended on condition that defendant be of good behaviour.

NSW

Supreme Court

In the matter of Bauskis [2006] NSWSC 907

Defendant was ordered that he should not remain in court whilst wearing a T-shirt containing the words in large letters ‘Trial by jury is democracy’. He refused to take off his shirt or to leave the court and refused a lawful direction to leave made by the officers of the Sheriff. He later refused to apologise and remained defiant, maintaining his right to disobey court orders.

14 days imprisonment.

NSW

Court of Appeal

Wilson v Prothonotary [2000] NSWCA 23

Defendant threw bags of yellow paint at judge while judge was handing down judgment.

2 years imprisonment. Appeal allowed, sentences on each charge reduced to 3 months and 20 days, which was time already served. Appellant released.

NSW

Supreme Court

R v Herring (Unreported,

3 October 1991)

Defendant escaped from the dock, climbed on to the bench and threatened the presiding judge. Judge avoided the attack and the defendant was forcibly restrained.

2 years imprisonment.

Vic

Court of Appeal

Murray v The Chief Examiner [2018] VSCA 144

Witness to Chief Examiner refused to be sworn, because of his refusal to break the code of silence. Previous conviction for perverting the course of justice; risk of imprisonment in harsh restrictive management regime; no remorse; poor prospects of rehabilitation.

8 months imprisonment.

Vic

Supreme Court

R v Sherwani [2017] VSC 147

Refusal to give evidence in County Court by repeatedly falsely asserting failure to remember. Pleaded guilty; person already in custody.

4 months imprisonment.

Vic

Court of Appeal

Allen v The Queen (2013) 26 VR 565; [2013] VSCA 44

Witness refused to enter the witness box, be sworn or give evidence at trial for aggravated burglary and assaults perpetrated upon him, his mother and partner. Pleaded not guilty to contempt. Mitigating factor of fear of those he was called to give evidence against.

8 months imprisonment.

Vic

Supreme Court

R v Garde-Wilson [2005] VSC 452

Witness refused to give evidence at trial for murder of her de facto husband, where she feared retribution and threats.

Convicted but no further penalty imposed.

NSW

Supreme Court

Trad v Pickles Auction Pty Ltd; in the Matter of Carl Trad [2006] NSWSC 1177

Refusal to answer question in civil proceedings. Fear of danger did not amount to duress. Principal proceedings settled; no apology but acknowledged wrongfulness of conduct; discount for early plea of guilty.

21 days imprisonment.

Qld

Supreme Court

Scott v Witness J A (2015) 249 A Crim R 237, [2015] QSC 48

Respondent refused twice to answer question about location of money in hearing about knowledge of wife’s murder, although answering other questions.

2 years and 6 months imprisonment.

SA

Court of Appeal

Zappia v Registrar of the Supreme Court (2003) 86 SASR 410 [2003] SASC 327

Refusal to give evidence against co-accused in murder trial. Contempt interfered with trial and reduced chances of conviction. No explanation provided for refusal, no remorse. Already in custody.

15 months imprisonment.

WA

Court of Appeal

Kennedy v Lovell [2002] WASCA 226

Conviction on three counts of contempt of a Royal Commission, by failing to attend when summoned, refusing to be sworn or make an affirmation, and leaving without being released from attendance. No explanation for failure. Apology followed finding of guilt; previous convictions for contempt.

Fine $10,000 for each contempt ($30,000).

Vic

Supreme Court

Hera Project Pty Ltd v Bisognin (No 2) [2019] VSC 625

Non-compliance with freezing order by failing to provide relevant information or documents by the required date, in deliberate and contumacious attempt to delay court proceedings and undermine applicants’ interests.

6 months imprisonment.

Vic

Court of Appeal

Harris v Marubeni Equipment Finance (Oceania) Pty Ltd [2018] VSCA 211

Non-compliance with order for delivery of excavator. Contempt was found to be defiant, there was a lack of remorse or acceptance of responsibility, no explanation, and no other mitigating factors. Leave to appeal against sentence refused. Not reasonably arguable that sentence manifestly excessive. No reasonable prospect of less severe sentence being imposed.

3 months imprisonment.

Vic

Supreme Court

Fortune Holding Group Pty Ltd v Zhang (No 3) [2018] VSC 22

Respondent found guilty of 21 charges of contempt arising from breach of freezing order. No prior convictions; impact on family and of costs order taken into account.

4 weeks imprisonment.

Vic

Supreme Court

Davey v Dessco Pty Ltd [2017] VSC 743

Breach of court undertaking by solicitor to pay sum to another solicitor by due date, but no harm caused by late delivery of cheque.

Charge proved. No penalty. Order to pay costs.

Vic

Supreme Court

The Queen v Witt (No 2) [2016] VSC 142

Solicitor communicated by email with clients about a court order in a manner designed to frustrate attempts at service and the effect of the order.

Fine $25,000 (90 days imprisonment in default).

Vic

Court of Appeal

Haritopoulos Pty Ltd and Pantelis Charitopoulos v Alan Geoffrey Scott [2007] VSCA 174

Convictions for disobedience of two orders, in relation to taking possession of property and other assets which were under receivership. Sum had since been repaid and assets sold, but the payment had come almost a year after, and the appellants had continued to act as if the order was of no effect. Court of Appeal reduced sentence for first contempt, noting first offence and repayment, but upheld subsequent sentence given it was a second offence committed deliberately.

Fine $100,000 for first contempt, reduced to $30,000 on appeal. Fine $100,000 for second contempt for company and 2 months imprisonment for director.

Vic

Supreme Court

Pico Holdings Inc v Voss [2005] VSC 319

Breach of Mareva injunction (freezing order) by giving effect to contract of sale of land so as to put almost $600,000 beyond reach. Found to be a deliberate and flagrant act, but only one contempt and accepted that defendant was unlikely to reoffend.

Fine $25,000 and costs on solicitor–client basis of approximately $30,000.

NSW

Supreme Court

Al Muderis v Duncan (No 5) [2019] NSWSC 461

Non-compliance with orders in defamation proceeding restraining defendant from publishing defamatory material (criminal contempt) and non-compliance with freezing orders (civil contempt).

2 years imprisonment for criminal contempt; fine of $40,00 for breach of freezing order.

NSW

Supreme Court

Scholefield Goodman (Australia) Pty Limited v Rutkowski (No 2) [2018] NSWSC 453

Breach of asset freezing order by disbursing proceeds of sale of property, and failure to swear and serve an affidavit setting out assets and liabilities in Australia within the prescribed time. Imposition of fine impractical because of defendant’s limited resources. No prior convictions and remorseful.

96 hours community service.

NSW

Supreme Court

NSW Commissioner for Fair Trading v Rixon (No. 4) [2018] NSWSC 1

Breach of consent orders preventing defendant from carrying on residential building work without a licence. The contempt breached the terms of an earlier suspended sentence.

18 months imprisonment with 12 months non-parole period.

Qld

Court of Appeal

Dubois v Rockhampton Regional Council [2014] QCA 215

Non-compliance with court orders restraining use of land for various purposes. Orders breached on 18 occasions. Previous conviction for contempt. Sentence was upheld on appeal.

3 months imprisonment suspended after 1 month.

Qld

Court of Appeal

Formal Wear Express Franchising v Roach [2004] QCA 339

Breach of undertaking not to carry on a mobile suit hire business. After first breach, defendant fined $3000 for contempt. Further breaches resulted in sentence of 6 months imprisonment. Lack of remorse, and continued refusal to abide by undertaking. Futility of imposing a fine because of continuing to breach undertaking after being fined. Sentence reduced on appeal because manifestly excessive. First time in prison, business no longer operating, and family considerations.

3 months imprisonment on each count, to be served concurrently (reduced from 6 months on appeal).

WA

Supreme Court

The Owners of the Wills Building Strata Plan 38579 v Coleman [2018] WASC 219

Non-compliance with order to restore glazed wall removed without permission of plaintiff. Eighteen months had passed since order made. Contempt was contumacious. No attempt to comply until contempt proceedings commenced.

Fine $10,000 and $50 a day until order complied with and contempt purged.

Cth

Full Court of the Federal Court

Kazal v Thunder Studios Inc (2017) 256 FCR 90, [2017] FCAFC 111

Breach of consent orders restraining publication of defamatory content, including by creating signs on vans to direct people to a defamatory website. Primary judge imposed sentence of concurrent terms of imprisonment for different publishing breaches. On appeal, two convictions were quashed as irrelevant considerations had been taken into account, requiring resentencing. Court noted that sentences for contempt are much less prevalent than sentences for federal offences. Therefore, it is difficult to discern any substantial pattern in the quantum of contempt sentencing to provide a meaningful yardstick.

Different sentences imposed for various breaches based on gravity of contempt. 9 months imprisonment for one charge (reduced from 15 months); 6 months imprisonment (reduced from 9 months); 6 months imprisonment (reduced from 12 months); and 12 months imprisonment (reduced from 18 months), with a total effective sentence of 1 year 3 months.

Cth

Federal Court

Vaysman v Deckers Outdoor Corporation Inc (2014) 222 FCR 387, [2014] FCAFC 60

Breach of court orders restraining sale of counterfeit footwear. Ten charges of contempt proved. Various terms of imprisonment imposed with most being less than 6 months. For most serious contempt, sentence of 3 years imprisonment. Primary judge noted: deliberate and serious contempts carried out over long period of time; motivated by desire for financial gain; although the applicant apologised to the court, not considered genuinely remorseful. Court of Appeal acknowledged that the varied circumstances which may give rise to a contempt make it difficult to identify a range of appropriate sentences for contempt, or a standard sentence for a serious contempt. However, Court of Appeal noted that sentence was at least twice as long as the sentences imposed in other cases and concluded it was manifestly excessive.

2 years imprisonment (reduced from

3 years).

Vic

Supreme Court

R v Bonacci (No 2) [2015] VSC 134

Posted on Facebook and made internet radio broadcasts encouraging people to contact the Judge and the County Court about a criminal proceeding before the court. Sent seven emails to the County Court and to the Judge intending to influence, place improper pressure, and intimidate or threaten.

6 weeks imprisonment.

Vic

Supreme Court

R v Vasiliou (No 2) [2012] VSC 242

Sent an email to the judge threatening that if the case was decided against him, he might start killing people.

4 months imprisonment.

Vic

Supreme Court

DPP v Dickson [2011] VSC 9

Contrary to trial judge’s directions, defendant made contact with another witness and discussed their evidence during an adjournment in trial. As a result, defendant could no longer be called as a witness by the Crown. He had already received a significant sentence discount in his own trial because he had agreed to give evidence against co-accused.

3 years imprisonment, two of which to be served cumulatively with existing sentence.

Vic

Supreme Court

R v Drinkwater Unreported 7 June 1991

Prevented employee from attending jury service.

Fine $1500.

NSW

Supreme Court

Ulman v Live Group Pty Ltd [2018] NSWCA 338

Improper pressure imposed on the second respondent not to exercise his right to have a civil court determine an alleged commercial dispute. Threats were made that religious sanctions would be imposed if he persisted in asserting that the alleged commercial dispute be resolved in a civil court.

Fine $7500 on first three defendants and $2500 on the fourth. (Fines imposed at first instance were $20,000, $10,000, $10,000 and $10,000. These were reduced on appeal as manifestly excessive.)

NSW

Supreme Court

Farahbakht v Midas Australia Pty Ltd [2006] NSWSC 1322

Improper pressure on witness not to give evidence. Witness in civil proceedings contacted and told that ‘if you do say something it is going to hurt me and my family’.

Costs on an indemnity basis.

Vic

Supreme Court

R (on the application of DPP) v Johnson [2017] VSC 45

Publication of material that caused murder trial to be aborted, requiring retrial, resulted in witnesses having to give evidence again. Apologies given but later contested charge. Court found contempt was accidental. Substantial steps taken to prevent re-offending.

Fine $300,000 for company, and good behaviour for 2 years for journalist.

Vic

Supreme Court

R v The Age Company Ltd [2008] VSC 305

Publication of chronology included reference to victim when trial on foot. Pleaded guilty and apologies, accidental publication, no prior convictions for journalists and editor and no harm actually caused. Apologies before the Court. Publishers unaware exactly how chronology came to be published.

Conviction recorded for the Age Company with fine of $10,000, fine of $2000 for Fairfax Digital Ltd, and no conviction or penalty for editor-in-chief. Costs agreed at $33,500.

Vic

Supreme Court

R v Herald & Weekly Times Pty Ltd [2008] VSC 251

Publication of graphic of victims of Melbourne’s gangland criminals, including victim in trial where accused had not pleaded guilty. Accidental, no actual harm caused, legal advice sought, pleaded guilty and apology; no prior convictions for journalist; costs orders agreed.

Fine $10,000.

Vic

Supreme Court

R v The Age Co Ltd [2006] VSC 479

Publication of prejudicial material of accused on trial. Editor-in-chief found guilty but no conviction recorded.

Fine $75,000.

Vic

Supreme Court

R (Registrar of the County Court of Victoria) v Nationwide News [2006] VSC 420

Publication identifying accused as an underworld figure and a possible subject of incitement to murder in gangland wars, resulting in vacating trial date and adjourning matter. Material mistakenly published, immediate apology and remedial steps, few prior convictions.

Fine $75,000, solicitor–client costs.

Vic

Full Court of the Supreme Court

Hinch v Attorney-General (Vic) [1987] VR 721

Two radio broadcasts drew attention to priest’s prior convictions. Primary judge imposed fines of $25,000 on both Hinch and the radio station for the first charge, and 42 days imprisonment on Hinch and $30,000 on radio station for the second charge. On appeal, penalty reduced in part because of irrelevant considerations. Previous convictions; highly prejudicial material with serious consequences; a very experienced journalist otherwise of good character.

Reduced on appeal to fine $15,000 on first charge for both parties; 28 days’ imprisonment for Hinch, fine of $25,000 for radio station on second charge.

NSW

Court of Appeal

Attorney General (NSW) v Radio 2UE Sydney Pty Ltd & Laws Unreported, 11 March 1998

Announcer broadcast over radio during criminal trial that accused was ‘absolute scum’ and guilty of murder. Very serious contempt of court; poor systems to prevent contemptuous or defamatory publications; unintentional contempt and sincere apologies.

Fine $200,000 for radio station, $50,000 for announcer.

NSW

Court of Appeal

Registrar of the Court of Appeal v John Fairfax group Pty Ltd Unreported, 21 April 1993

Publication of full-page article making serious allegations against credibility of accused witness during proceedings. Publisher pleaded guilty, journalist did not plead guilty and argued had assumed it would be reviewed by lawyers. Publisher offered genuine apology but systemic failures of training and poor system of control.

Fine $75,000 for publisher, and $1000 for author.

WA

Court of Appeal

61X Southern Cross Radio; Ex parte DPP (WA) [1999] WASCA 254

Broadcast of alleged confession in murder trial, where confession ruled inadmissible. Contempt admitted and apology made.

Fine $2500.

Vic

Supreme Court

R v Hoser [2001] VSC 480

Publication of book alleging bias and corruption against magistrates and judges, where thousands of copies sold.

Fine $3000 for author and $2000 for his company. Appeal dismissed, cross-appeal allowed but no penalty imposed: [2003] VSCA 194.

Qld

Supreme Court

A-G v Di Carlo [2017] QSC 171

Solicitor held in contempt for accusing court of being cranky, and then saying to the magistrate ‘and that’s why you don’t do things according to law’.

Fine $4000.

Tas

Supreme Court

Martin v Trustrum (No 3) (2003) 12 Tas R 131

Contempt through filing of affidavit alleging judicial corruption.

Good behaviour bond for 3 years.

Cth

Federal Court

Gallagher v Durack (unreported, Northrop J, 21 September 1982)

Union secretary and another were held in contempt by suggesting in interview that union officials striking had been the main reason for the court changing its mind. No apology or remorse, or explanation given.

3 months imprisonment. Special leave to appeal against conviction and sentence refused: (1983) 152 CLR 238.

Vic

Supreme Court

Superior court of record in Victoria with inherent jurisdiction to deal with all types of contempt, including contempt of a lower court.

Procedure provided for by Supreme Court (General Civil Rules) 2015 Order 75.

Not specified.

The Court may punish a natural person for contempt by committal to prison or fine or both. The Court may punish a corporation for contempt by sequestration or fine or both.

Supreme Court (General Civil Rules) 2015 (Vic) r 75.11

Vic

County Court

Same power to deal summarily with a contempt of the County Court as the Supreme Court has in respect of contempts of the Supreme Court.

Procedure provided for by County Court Civil Procedure Rules 2018 Order 75.

County Court Act 1958 (Vic) s 54.

Not specified.

The Court may punish a natural person for contempt by committal to prison or fine or both. The Court may punish a corporation for contempt by sequestration or fine or both.

County Court Civil Procedure Rules 2018 (Vic) r 75.11

Vic

Magistrates’ Court

Power to deal summarily with contempt in the face of the court, and contempt by failing to attend, take the oath, answer questions or produce evidence.

Limited power to fine or imprison a person while in default of an order.

[NB The Children’s Court has and may exercise in relation to all matters over which it has jurisdiction, all the powers and authorities that the Magistrates’ Court has in relation to the matters over which it has jurisdiction.]

Magistrates’ Court Act 1989 (Vic) ss 133, 134 and 135

6 months imprisonment and/or a fine of 25 penalty units ($4130.50) for contempt in the face of the court.

1 month imprisonment and/or fine of 5 penalty units ($826.10) for failure to appear, swear or make affirmation, or answer questions.

Vic

Coroners Court

Power to deal summarily with a contempt of the Coroners Court. Contempt of the Coroners Court defined to include any act that would, if the Coroners Court were the Supreme Court, constitute contempt of that Court.

Coroners Act 2008 (Vic) s 103

12 months or a fine of 120 penalty units ($19,826.40).

NSW

Supreme Court

Superior court of record in New South Wales with inherent jurisdiction to deal with all types of contempt, including contempt of a lower court.

Procedure provided for by Supreme Court Rules 1970 Part 55.

Supreme Court Act 1970 (NSW) ss 22, 23

The Court shall have all jurisdiction which may be necessary for the administration of justice in New South Wales.

Not specified.

The Court may punish a natural person for contempt by committal to a correctional centre or fine or both. The Court may punish a corporation for contempt by sequestration or fine or both.

Supreme Court Rules 1970 r 55.13

NSW

District Court

Power to deal summarily with contempt in the face or hearing of the Court or to refer a contempt to the Supreme Court for determination.

District Court Act 1973 (NSW) ss 199, 203

28 days imprisonment or fine of 20 penalty units ($2200).

Power to commit a person for contempt where they have not complied with certain types of non-monetary orders.

Uniform Civil Procedure Rules pt 40 div 2

Maximum penalty not specified.

NSW

Local Court

Same power as the District Court to deal summarily with contempt in the face or hearing of the Court or to refer a contempt to the Supreme Court for determination.

Local Court Act 2007 (NSW)

s 24

28 days imprisonment or fine of 20 penalty units ($2200).

NSW

Coroners Court

Same contempt jurisdiction as the Local Court. (The provisions of section 24 of the Local Court Act 2007 are taken to apply to coronial proceedings as if any reference in those provisions to the Local Court or magistrate were a reference to the coroner or assistant coroner conducting the coronial proceedings.)

Coroners Act 2009 (NSW)

s 103

28 days imprisonment or fine of 20 penalty units ($2200).

Qld

Supreme Court

Superior court of record in Queensland with inherent jurisdiction to deal with all types of contempt, including contempt of a lower court.

Procedure provided for by the Uniform Civil Procedure Rules 1999 Chapter 20, Part 7.

Constitution of Queensland 2001 (Qld) s 58; Supreme Court of Queensland Act 1991 (Qld) s 10

Criminal Code Act 1899 (Qld) s 8 preserves the authority of a court of record to punish a person summarily for contempt of court.

Not specified.

The Court may punish a natural person for contempt by making an order that may be made under the Penalties and Sentences Act 1992. The Court may punish a corporation by seizing corporation property or a fine or both.

Uniform Civil Procedure Rules 1999 r 930

Qld

District Court

Same power to punish for a contempt of the District Court as the Supreme Court would have if the contempt were a contempt of the Supreme Court. Contempt of the District Court defined to include disobedience contempt; contempt by failing to attend, take the oath, answer questions or produce evidence; certain types of contempt committed in the face of the court and any other contempt of court.

Procedure provided for by the Uniform Civil Procedure Rules 1999 Chapter 20, Part 7.

District Court of Queensland Act 1967 (Qld) s 129

Not specified.

The Court may punish a natural person for contempt by making an order that may be made under the Penalties and Sentences Act 1992. The Court may punish a corporation by seizing corporation property or a fine or both.

Uniform Civil Procedure Rules 1999 r 930

Qld

Magistrates Court

Power to deal summarily with specified types of contempt committed in the face of the court.

Power to deal summarily with disobedience contempt as defined; contempt by failing to attend, take the oath, answer questions or produce evidence; certain types of contempt committed in the face of the court and any other contempt of court. Procedure provided for by the Uniform Civil Procedure Rules 1999 Chapter 20, Part 7.

Magistrates Courts Act 1921 (Qld) s 50

3 years imprisonment or fine of 200 penalty units ($26,690) for disobedience contempt.

12 months imprisonment or fine of 84 penalty units for other contempts ($11,209.80).

Justices Act 1886 (Qld) s 40

12 months imprisonment and/or fine of 84 penalty units ($11,209.80).

Qld

Coroners Court

Same contempt jurisdiction as the Magistrates Court

(Section 50 of the Magistrates Court Act applies to the Coroners Court in the same way that it applies to a Magistrates Court, with all necessary changes.)

Coroners Act 2003 (Qld) s 42

3 years imprisonment or fine of 200 penalty units ($26,690) for disobedience contempt.

12 months imprisonment or fine of 84 penalty units ($11,209.80). for other contempts.

SA

Supreme Court

Superior court of record in South Australia with inherent jurisdiction to deal with all types of contempt including contempt of a lower court.

Procedure provided for by Supreme Court Civil Rules 2006 Ch 14 and Supreme Court Criminal Rules 2014 Ch 14

Supreme Court Act 1935 (SA) ss 6, 17

Enforcement of Judgments Act 1991 (SA) s 12

Not specified.

The Court may punish a contempt by a fine or imprisonment (or both). Supreme Court Civil Rules 2006 r 306 and Supreme Court Criminal Rules 2014 r 133

SA

District Court

Same power to deal summarily with a contempt of the District Court as the Supreme Court has in respect of contempts of the Supreme Court. This section extends not only to contempts committed in the face of the Court but also to acts and omissions that would, assuming the Court were the Supreme Court, amount to a contempt of that Court. Procedure provided for by District Court Civil Rules 2006 Ch 14 and District Court Criminal Rules 2014 Ch 14

District Court Act 1991 (SA) s 48

Enforcement of Judgments Act 1991 (SA) s 12

Not specified.

The Court may punish a contempt by a fine or imprisonment (or both). District Court Civil Rules 2006 r 306 and District Court Criminal Rules 2006 r 133

SA

Magistrates’ Court

Power to deal summarily with contempt in the face of the court, as defined, contempt by obstructing the Court in the exercise of a power of entry or inspection; contempt by dealing with property subject to a restraining order; contempt by failing to attend, take the oath, answer questions or produce evidence; and contempt by failure to comply with a non-monetary order of the Court..

Magistrates Court Act 1991(SA) ss 21, 22, 45, 46

Enforcement of Judgments Act 1991 (SA) s 12

Imprisonment for a term not exceeding Division 5 imprisonment (2 years) or Division 5 fine ($8,000)

Magistrates Court Act 1991(SA) s 46

SA

Coroners Court

Power to deal summarily with contempt by hindering or obstructing or failing to comply with a direction of the Court, contempt by failing to attend, take the oath, answer questions or produce evidence, and contempt in the face of the court as defined

Coroners Act 2003 (SA) s 22, 23, 36

2 years imprisonment or a fine of $10,000 Coroners Act 2003 (SA) s 36

SA

Coroners Court

WA

Supreme Court

Superior court of record in Western Australia with inherent jurisdiction to deal with all types of contempt including contempt of a lower court.

Procedure provided for by Rules of the Supreme Court 1971 Order 55

Supreme Court Act (WA) ss 6, 16

Civil Judgments Enforcement Act 2004 (WA) ss 90, 98

Criminal Code Act 1913 (WA) s 7 preserves the authority of a court of record to punish a person summarily for contempt of court.

Not specified

The Court may punish a natural person for contempt by committal to prison or fine or both. The Court may punish a corporation for contempt by sequestration or fine or both.

Rules of the Supreme Court 1971 (WA) r 55(7)

WA

District Court

Power to deal summarily with contempt in the face of the court, as defined; contempt by failing to attend, take the oath, answer questions or produce evidence.

District Court Act 1969 (WA) s 63

5 years imprisonment or a fine of $50,000.

Power to deal with a person for contempt for disobedience to certain types of monetary and non-monetary judgements.

Civil Judgments Enforcement Act 2004 (WA) ss 90, 98

40 days imprisonment for non-compliance with a payment or instalment order.

Maximum penalty not otherwise specified.

WA

Magistrates Court

Power to deal with contempt in the face of the court, as defined; contempt by failing to attend, take the oath, answer questions or produce evidence; and contempt by failure to comply with a non-monetary order.

Procedure provided for by Magistrates Court (General) Rules 2005 Part 4.

Rule 31 provides that the Court has power to deal with the contempt summarily if:

it occurs while the Court is sitting or in respect of a magistrate or JP who is about to, or who has just, constituted the Court, and the Court is satisfied that the alleged contempt should be dealt with immediately because it is an immediate threat to the authority of the Court or to the integrity of the proceedings.

Rules 32 and 33 provide that if the alleged contempt is not dealt with summarily it may be referred to the Attorney-General who may commence and conduct proceedings in the Magistrates Court in respect of the alleged contempt.

Magistrates Court Act (WA) ss 15, 16

12 months imprisonment and/or a fine of $12,000.

Power to deal with a person for contempt for disobedience to certain types of monetary and non-monetary judgments.

Civil Judgments Enforcement Act 2004 (WA) ss 90, 98

40 days imprisonment for non-compliance with a payment or instalment order.

Maximum penalty not otherwise specified.

WA

Coroner’s Court

No power to punish for contempt conferred by the Coroners Act 1996 (WA). The Act contains offence provisions which criminalise conduct often categorised as contempt of court. For example, disobeying a summons, order or direction of a coroner, and interrupting an inquest.

Coroners Act 1996 (WA) ss 46A, 51

5 years imprisonment or a fine of $100,000 for disobeying a summons, order or direction of a coroner. (Summary conviction penalty: imprisonment for 2 years and a fine of $40,000.)

A fine of $5000 for interrupting an inquest.

Tas

Supreme Court

Superior court of record in Tasmania with inherent jurisdiction to deal with all types of contempt including contempt of a lower court.

Procedure provided for by Supreme Court Rules 2000 div 3 pt 36

Supreme Court Civil Procedure Act 1932 (Tas) s 6

Not specified.

The Court may punish a natural person for contempt by committal to prison or fine or both.

Tas

Magistrates Court

Power to deal summarily with contempt in the face of the court as defined.

Magistrates Court Act 1987 (Tas) s 17A

3 months imprisonment or a fine of 5 penalty units ($840).

Power to deal summarily with contempt in the face of the court as defined and with failure of witness to answer a question.

Justices Act 1959 (Tas) ss 25, 43

6 months imprisonment or a fine of 10 penalty units ($1680) for contempt in the face of the court.

7 days imprisonment for failure to answer a question.

Power to deal summarily with contempt by failure to attend or produce evidence when ordered to under s 194C of the Evidence Act 2001 (Tas).

Evidence Act 2001 (Tas) s 194E(2)

3 months imprisonment or a fine of 5 penalty units ($840).

Tas

Coroners Court

Coroners Act 1995 (Tas) includes an offence of contempt covering defined contempts in the face of the court. The Act does not specify if the offence may be tried summarily by the Coroner.

Coroners Act 1995 (Tas) s 66

6 months imprisonment or a fine of 50 penalty units ($8400).

NT

Supreme Court

Superior court of record in the Northern Territory with inherent jurisdiction to deal with all types of contempt including contempt of a lower court.

Procedure provided for by Supreme Court Rules 1987 Order 75.

Supreme Court Act 1979 (NT) ss 12, 14

Criminal Code Act 1983 (NT) s 8 preserves the authority of a court of record to punish a person summarily for contempt of court.

Not specified.

The Court may punish a natural person for contempt by committal to prison or fine, or both. The Court may punish a corporation for contempt by sequestration or fine, or both.

Supreme Court Rules 1987 r 75.11

NT

Local Court

Power to deal summarily with contempt in the face of the Court, disobedience contempt as defined and contempt by failing to attend, take the oath, answer questions or produce evidence.

Local Court Act 2015 (NT) ss 45–47

6 months imprisonment or fine of 100 penalty units.

NT

Coroner’s Office

Statutory offence of ‘contempt’ to insult a coroner, interrupt an inquest or create a disturbance near and inquest.

Coroners Act 1993 (NT) s 46

6 months imprisonment or fine of 40 penalty units ($6280).

ACT

Supreme Court

Superior court of record in the Australian Capital Territory with inherent jurisdiction to deal with all types of contempt including contempt of a lower court.

Procedure provided for by Court Procedures Rules 2006 Division 2.18.16

Supreme Court Act 1933 (ACT) ss 3, 20

Not specified.

The Court may punish a natural person for contempt by making an order that may be made under the Crimes (Sentencing) Act 2005. The Court may punish a corporation by seizing corporation property or a fine or both.

Court Procedures Rules 2006 r 2506

ACT

Magistrates Court

Same power to deal with contempt of the Magistrates Court as the Supreme Court has to deal with contempt of the Supreme Court. Contempt of the Magistrates Court defined as disobedience contempt, specified types of contempt in the face of the court and any other contempt of court.

Magistrates Court Act 1930 (ACT) s 307

Not specified.

ACT

Coroner’s Court

Same power to deal with contempt of the Coroner’s Court as the Supreme Court has to deal with contempt of the Supreme Court.

Coroners Act 1997 (ACT) s 99A

Not specified.

Cth

High Court

Same power to punish contempts of its power and authority as that possessed by the Supreme Court of Judicature in England at 1903.

Superior Court of record with jurisdiction to deal summarily with all types of contempt.

Procedure provided for by High Court Rules 2004 Part 11.

Judiciary Act 1903 (Cth) s 24; High Court Act 1979 (Cth) s 5; Commonwealth Constitution s 71.

Not specified

The Court may punish a natural person for contempt by committal to prison or fine or both. The Court may punish a corporation for contempt by sequestration or fine or both.

High Court Rules 2004 r 11.04

Cth

Federal Court

Same power to punish contempts of its power and authority as is possessed by the High Court in respect of contempts of the High Court. The jurisdiction of the Court to punish a contempt of the Court committed in the face or hearing of the Court may be exercised by the Court as constituted at the time of the contempt.

Procedure provided for in Federal Court Rules 2011 ch 6 pt 42.

Federal Court of Australia Act 1976 (Cth) s 31.

Not specified.

Cth

Federal Circuit Court

Same power to punish contempts of its power and authority as is possessed by the High Court in respect of contempts of the High Court. The jurisdiction of the Court to punish a contempt of the Court committed in the face or hearing of the Court may be exercised by the Court as constituted at the time of the contempt.

Procedure provided for by Federal Circuit Court Rules 2001 pt 19.

Federal Circuit Court of Australia Act 1999 (Cth) s 17.

Not specified.

Cth

Family Court

Same power to punish contempts of its power and authority as is possessed by the High Court in respect of contempts of the High Court.

Procedure provided for in Family Law Rules 2004 ch 21.

Family Law Act 1975 (Cth) s 35

Orders that may be made by the court vary depending on the nature of the contempt—see Family Law Act 1975 ss 67X, 70NBA, 70NCB, 70NDB, 70NDC, 70NEB, 70NFB, 70NFF, 112AD, 112AH and 112AP.

Vic

Contempt of Tribunal^[1]

5 years imprisonment and/or fine of 1000 penalty units ($165,220)

Victorian Civil and Administrative Tribunal Act 1998 (Vic) s 137

Vic

Contempt of coroner,1 hindering and obstructing inquiry

12 months imprisonment and/or fine of 120 penalty units ($19,826.40)

Coroners Act 2008 (Vic) s 103

Inquiries Act 2014 (Vic) ss 49, 89, 119

Vic

Hindering or obstructing Chief Examiner or disrupting examination

12 months imprisonment and/or fine of 10 penalty units ($1,652.20)

Major Crime (Investigative Powers) Act 2004 (Vic) s 44

Vic

Contempt in the face of the court

6 months imprisonment and/or fine of 25 penalty units ($4,130.50)

Magistrates’ Court Act 1989 (Vic) s 133(4)

Vic

Contempt of Tribunal1

Fine of 120 penalty units ($19,826.40)

Mental Health Act 2014 (Vic) s 206

NSW

Contempt of Commission

2 years imprisonment and/or fine of 100 penalty units ($11,000)

Crime Commission Act 2012 (NSW) s 47

NSW

Contempt in the face of the court

28 days years imprisonment and/or fine of 20 penalty units ($2200)

Coroners Act 2009 (NSW) s 103

Local Court Act 2007 (NSW) s 24

District Court Act 1973 (NSW) s 199

NSW

Disrespectful behaviour

14 days years imprisonment and/or fine of 10 penalty units ($1100)

Coroners Act 2009 (NSW) s 103A

District Court Act 1973 (NSW) s 200A

Land and Environment Court Act 1979 (NSW) s 67A

Local Court Act 2007 (NSW) s 24A

Supreme Court Act 1970 (NSW) s 131

Qld

Penalty for insulting or interrupting justices

12 months imprisonment and/or fine of 84 penalty units ($11,209.80)

Justices Act 1886 (Qld) s 40

Qld

Contempt of recognised courts1

3 months imprisonment^[2]

Evidence Act 1977 (Qld) s 39O

Qld

Contempt of Commission if chair is not a Supreme Court judge

Fine of 2 penalty units ($266.90)

Commissions of Inquiry Act 1950 (Qld) s 10

SA

Contempt of Commissioner

4 years imprisonment and/or fine of $20,000

Independent Commissioner against Corruption Act 2012 (SA) sch 2 cl 19

SA

Contempt of coroner

2 years imprisonment and/or fine of $10,000

Coroners Act 2003 (SA) ss 23(4), 36

SA

Contempt of Magistrates Court

2 years imprisonment and/or fine of $8,000

Magistrates Court Act 1991 (SA) ss 45, 46

WA

Contempt of court

5 years imprisonment and/or fine of $50,000

District Court of Western Australia Act 1969 (WA) s 63(a), (b), (f)

WA

Contempt in the face of the court

12 months imprisonment and/or fine of $12,000

Magistrates Court Act 2004 (WA) s 16(1), (4)

WA

Contempt in the face of the court

12 months imprisonment and/or fine of $5000

Children’s Court of Western Australia Act 1988 (WA) ss 29(3), (4)

WA

Misbehaviour and obstruction

Fine of $10,000

State Administrative Tribunal Act 2004 (WA) s 99

Tas

Contempt

6 months imprisonment and/or fine of 50 penalty units ($8400)

Coroners Act 1995 (Tas) s 66

Tas

Contempt

6 months imprisonment and/or fine of 10 penalty units ($1680)

Justices Act 1959 (Tas) s 25

Tas

Contempt in the face of court

3 months imprisonment and/or fine of 5 penalty units ($840)

Magistrates Court Act 1987 (Tas) s 17A

Tas

Contempt of Commission1

Fine of 2000 penalty units ($336,000)

Integrity Commission Act 2009 (Tas) s 80(3)

NT

Contempt of Board, Commissioner, or interstate entity1

6 months imprisonment and/or fine of 100 penalty units ($15,700)

Inquiries Act 1945 (NT) s 11

Evidence Act 1939 (NT) s 49ZC

NT

Contempt of court

6 months imprisonment and/or fine of 40 penalty units ($6280)

Coroners Act 1993 (NT) s 46

NT

Contempt of Tribunal

6 months imprisonment and/or fine of 20 penalty units ($3140)

Mental Health and Related Services Act 1998 (NT) s 135A

ACT

Obstructing etc legal proceeding

12 months imprisonment and/or fine of 100 penalty units ($16.000)

Criminal Code 2002 (ACT) s 724

ACT

Contempt of inquiry, commission or recognised courts

12 months imprisonment and/or fine of 100 penalty units ($16,000)

Inquiries Act 1991 (ACT) s 36

Judicial Commissions Act 1994 (ACT) s 56

Royal Commissions Act 1991 (ACT) s 46

Cth

Obstructing or hindering Commission or examiner

5 years imprisonment and/or fine of 200 penalty units ($42,000)

Australian Crime Commission Act 2002 (Cth) s 35

Cth

Obstructing or hindering conduct of hearings

2 years imprisonment and/or fine of 120 penalty units ($25,200)

Law Enforcement Integrity Commissioner Act 2006 (Cth) s 94

Cth

Contempt of Tribunal (obstructing or hindering or contempt)

12 months imprisonment and/or fine of 60 penalty units ($12,600)

Administrative Appeals Tribunal Act 1975 (Cth) s 63

Cth

Contempt of Royal Commission1

3 months imprisonment and/or fine of 2 penalty units ($420)

Royal Commissions Act 1902 (Cth) s 6O

Cth

Contempt of Tribunal1

Fine of 40 penalty units ($8400)

Native Title Act 1993 (Cth) s 177

Vic

Failure to attend and answer questions or produce documents or things

5 years imprisonment and/or fine of 600 penalty units ($99,132)

Major Crime (Investigative Powers) Act 2004 (Vic) s 37

Vic

Failure to attend and answer questions or produce documents or things, swear or affirm

2 years imprisonment and/or fine of 240 penalty units ($39,652.80)

Independent Broad-based Anti-corruption Commission Act 2011 (Vic) ss 135, 136, 137, 138

Inquiries Act 2014 (Vic) ss 46, 47, 86

Vic

Failure to attend, swear or make affirmation, or answer questions

6 months imprisonment and/or fine of 60 penalty units ($9,913.20) (and 5 penalty units for each day the offence continues)

Victorian Civil and Administrative Tribunal Act 1998 (Vic) ss 134, 135

Vic

Failure to produce document or other thing required by witness summons

6 months imprisonment and/or fine of 60 penalty units ($9,913.20)

Independent Broad-based Anti-corruption Commission Act 2011 (Vic) s 59O

Vic

Failure to attend and answer questions or produce documents or things, wilful disobedience of order to give evidence, or prevarication^[3]

1 month imprisonment and/or fine of 5 penalty units ($826.10)

Magistrates’ Court Act 1989 (Vic) s 134

Vic

Failure to attend or produce documents

Fine of 60 penalty units ($9,913.20)

Mental Health Act 2014 (Vic) s 204

NSW

Failure of witnesses to attend or answer questions

2 years imprisonment or 20 penalty units ($2200)

Crime Commission Act 2012 (NSW) s 25

Qld

Non-compliance with summons or production of books etc

12 months imprisonment and /or fine of 200 penalty units ($26,690)

Commissions of Inquiry Act 1950 (Qld) s 5(2)

Qld

Offences by witnesses

Fine of 100 penalty units ($13,345)

Queensland Civil and Administrative Tribunal Act 2009 (Qld) s 214, Mental Health Act 2016 (Qld) s 760

SA

Failure of witness to attend and answer questions or produce evidence

4 years imprisonment and/or fine of $20000

Independent Commissioner against Corruption Act 2012 (SA) sch 2, cls 5(5), 8

WA

Failure to attend, give evidence, swear or answer questions, and prevarication3

5 years imprisonment and/or fine of $50,000

District Court of Western Australia Act 1969 (WA) s 63(1)(c)–(e)

WA

Failure to attend or produce documents

12 months imprisonment and /or fine of $12,000

Magistrates Court Act 2004 (WA) ss 16(2), (4)

WA

Failure to attend or answer questions

12 months imprisonment and /or fine of $5000

Children’s Court of Western Australia Act 1988 (WA) ss 29(2), (4)

WA

Failure to answer questions or for giving false information about use of or access to firearms

12 months imprisonment2

Criminal Organisations Control Act 2012 (WA) s 105

WA

Failure to attend or to give evidence as required

Fine of $5000

State Administrative Tribunal Act 2004 (WA) ss 96, 97

Tas

Failure of witness to appear

6 months imprisonment and/or fine of 20 penalty units ($3360)

Criminal Procedure (Attendance of Witness) Act 1996 (Tas) s 19

Tas

Failure to attend or produce evidence (other than at Supreme Court)

3 months imprisonment and/or fine of 5 penalty units ($840)

Evidence Act 2001 (Tas) s 194E(2)

Tas

Failure to take oath or answer questions

7 days imprisonment2

Justices Act 1959 (Tas) s 43

Tas

Failure to attend or produce evidence

Fine of 5000 penalty units ($840,000)

Integrity Commission Act 2009 (Tas) s 80(5)

Tas

Failure of witness to attend

Fine of 5 penalty units ($840)

Justices Act 1959 (Tas) s 42

NT

Failure of witness to attend, give evidence or wilful prevarication

6 months imprisonment and/or 100 penalty units ($15,700)

Local Court Act 2015 (NT) ss 45, 47

Northern Territory Civil and Administrative Tribunal Act 2014 (NT) ss 86, 87

NT

Failure of witness to attend, produce or give evidence

6 months imprisonment and/or 50 penalty units ($6280)

Coroners Act 1993 (NT) s 41

ACT

Failure to attend, take oath, answer questions or produce documents

6 months imprisonment and/or fine of 50 penalty units ($800)

Criminal Code 2002 (ACT) ss 719–723

Cth

Failure of witness to attend and answer questions

5 years imprisonment and/or fine of 200 penalty units ($42,000)

Australian Crime Commission Act 2002 (Cth) s 30

Cth

Failing to appear before the court

2 years imprisonment and/or fine of 120 penalty units ($25,200)

Federal Court of Australia Act 1976 (Cth) s 58FA

Cth

Failure to swear or affirm, answer questions, or produce document or thing

2 years imprisonment and/or fine of 120 penalty units ($25,200)

Law Enforcement Integrity Commissioner Act 2006 (Cth) ss 93(2), (4)

Cth

Failure to attend, swear or affirm, or answer questions

12 months imprisonment and /or fine of 60 penalty units ($12,600)

Administrative Appeals Tribunal Act 1975 (Cth) ss 61, 62

Cth

Failure to attend

12 months imprisonment and /or fine of 60 penalty units ($12,600)

Law Enforcement Integrity Commissioner Act 2006 (Cth) s 93(1)

Cth

Failure to attend

12 months imprisonment and /or fine of 20 penalty units ($4200)

Competition and Consumer Act 2010 (Cth) s 160

Cth

Failure of witness to attend, swear and affirm and answer questions or produce evidence

6 months imprisonment and/or fine of 30 penalty units ($6300)

Federal Court of Australia Act 1976 (Cth) s 58

Federal Circuit Court of Australia Act 1999 (Cth) s 65

Cth

Failure to answer questions or produce documents

Fine of 30 penalty units ($6300)

Competition and Consumer Act 2010 (Cth) s 135C

Cth

Failure of witness to attend, swear or answer questions, or produce documents

Fine of 20 penalty units ($4200)

Native Title Act 1993 (Cth) ss 171, 172, 174

Cth

Failure of witness to attend

Fine of 10 penalty units ($2100)

Competition and Consumer Act 2010 (Cth) s 95T

Vic

Contravening family violence intervention order, personal safety intervention order

2 years imprisonment and/or fine of 240 penalty units ($39,652.80)

Family Violence Protection Act 2008 (Vic) s 123

Personal Safety Intervention Orders Act 2010 (Vic) s 100

Vic

Non-compliance with court order not to have a dog or cat, or disqualification order for dog or cat

2 years imprisonment and/or fine of 240 penalty units ($39,652.80)

Domestic Animals Act 1994 (Vic) ss 84WAB, 84XH

Vic

Breach of suppression or protection orders, orders to protect interstate operative’s identity

2 years imprisonment^[4] and/or fine of 240 penalty units ($39,652.80)

Evidence (Miscellaneous Provisions) Act 1958 (Vic) ss 42BQ, 42BN

Vic

Non-compliance with court orders relating to fishing

12 months imprisonment and/or fine of 200 penalty units ($33,044)

Fisheries Act 1995 (Vic) ss 130, 130A, 130B

Vic

Non-compliance with court orders prohibiting recreational fishing

6 months imprisonment and/or fine of 100 penalty units ($16,522)

Fisheries Act 1995 (Vic)

s 130AA

Vic

Contravention of seizure warrant, attachment of earnings order, enforcement warrant

6 months imprisonment and/or fine of 25 penalty units ($4,130.50)

Magistrates’ Court Act 1989 (Vic) s 111(7B)

Fines Reform Act 2014 (Vic) s 118

Vic

Non-compliance with non-monetary Tribunal order

3 months imprisonment and/or fine of 50 penalty units ($8,261)^[5]

Victorian Civil and Administrative Tribunal Act 1998 (Vic) s 133

Vic

Powers of Supreme Court if non-compliance with requirement to require information

3 months imprisonment and/or fine of 30 penalty units ($4,956.60)

Taxation Administration Act 1997 (Vic) s 73A

Vic

Failing to obey order to abate pollution

Fine of 300 penalty units ($49,566) for every day of non-compliance

Environment Protection Act 1970 (Vic) s 64

Vic

Offence for contravening orders banning or excluding people

Fine of 60 penalty units ($9,913.20)

Major Events Act 2009 (Vic) s 87

Sustainable Forests (Timber) Act 2004 (Vic) s 94F

Wildlife Act 1975 (Vic) s 58O

Vic

Court power to penalise contravention of order or injunction

Fine of 20 penalty units ($3304.40)

Relationships Act 2008 (Vic) s 70

NSW

Contravention of restraining order, dealing with forfeited property

2 years imprisonment and/or fine of equivalent to value of interest

Criminal Assets Recovery Act 1990 (NSW) ss 16, 23A

NSW

Failure to comply with injunction

6 months imprisonment and/or fine of 500 penalty units ($55,000)

Property (Relationships) Act 1984 (NSW) s 54

NSW

Contempt of tribunal or magistrate

Fine of 50 penalty units ($5500)

Mental Health Act 2007 (NSW) s 161; Drug and Alcohol Treatment Act 2007 (NSW) s 44

NSW

Enforcement of other orders etc

Fine of 20 penalty units ($2200)

Property (Relationships) Act 1984 (NSW) s 59

Qld

Non-compliance with court order or undertaking

3 years imprisonment and/or fine of 200 penalty units ($26,690)

Magistrates Court Act 1921 (Qld) ss 50(1)(a), (3)(a)

Qld

Disobedience to lawful order issued by statutory authority

12 months imprisonment1

Criminal Code (Qld) s 205

Qld

Contravening decision of Tribunal

Fine of 100 penalty units ($13,345)

Queensland Civil and Administrative Tribunal Act 2009 (Qld) s 213

SA

Breach of firearms order

10 years imprisonment and/or fine of $50,000

Criminal Procedure Act 1921 (SA) s 180(4)(a)

SA

Contravention of restraining order

4 years imprisonment and/or fine of $20,000

Serious and Organised Crime (Unexplained Wealth) Act 2009 (SA) s 28(1)

SA

Contempt including breach of restraining order

2 years imprisonment and/or fine of $15,000

Magistrates Court Act 1991 (SA) ss 26, 46

SA

Breach of offensive weapons order, contravention of restraining order without knowledge of order

2 years imprisonment and/or fine of $10,000

Criminal Procedure Act 1921 (SA) s 180(4)(b)

Serious and Organised Crime (Unexplained Wealth) Act 2009 (SA) s 28(2)

SA

Contempt of court by contravening or failing to comply with Act or condition

6 months imprisonment and/or fine of $10,000

Gambling Administration Act 2019 (SA) ss 40, 41

Liquor Licensing Act 1997 (SA) ss 24B, 24C

SA

Contravention of various orders of courts under Act

Fine of $100,000

Fisheries Management Act 2007 (SA) s 102

Native Vegetation Act 1991 (SA) s 31D

SA

Contravention of ‘make good’ order

Fine of $60,000

Development Act 1993 (SA) s 106A(8)

SA

Contravention of orders under Act

Fine of $20,000

Planning, Development and Infrastructure Act 2016 (SA) s 228(8)

Wilderness Protection Act 1992 (SA) s 34

SA

Hindering or obstructing person complying with ‘make good’ order

Fine of $15,000

Development Act 1993 (SA) s 106A(9)

SA

Hindering or obstructing person complying with ‘make good’ order

Fine of $5000

Planning, Development and Infrastructure Act 2016 (SA) s 228(9)

WA

Dealing with seized or frozen property

5 years imprisonment and/or fine of $100,000

Criminal Property Confiscation Act 2000 (WA) s 50

WA

Non-compliance with court order

12 months imprisonment and/or fine of $12,000

Magistrates Court Act 2004 (WA) ss 16(2), (4)

WA

Failure to comply with order not to have dog or to attend dog training course

12 months imprisonment and/or fine of $5000

Dog Act 1976 (WA) s 46A

WA

Failure to comply with decision

Fine of $10,000

State Administrative Tribunal Act 2004 (WA) s 95

WA

Non-compliance with order to comply with finance official’s duties or to offer employee choice of employment

Fine of $5000 and daily penalty of $500

Industrial Relations Act 1979 (WA) ss 74, 77–78, 97YC

Tas

Person not to deal with restrained property

5 years imprisonment and/or fine of 1000 penalty units ($168,000)

Crime (Confiscation of Profits) Act 1993 (Tas) s 132

Tas

Contravention of restraint order

6 months imprisonment and/or fine of 10 penalty units ($1680)

Justices Act 1959 (Tas) s 106I

Tas

Failure to comply with order under Act

Fine of 50 penalty units ($8400)

Health Practitioners Tribunal Act 2010 (Tas) s 53(4)

NT

Prohibited dealings with seized or restrained property

5 years imprisonment and/or fine of 1000 penalty units ($157,000)

Criminal Property Forfeiture Act 2002 (NT) s 55

NT

Non-compliance with injunction

Fine of 1000 penalty units ($157,000)

Workplace Health and Safety Act 2007 (NT) s 79

Cth

Non-compliance with court orders for the purpose of preserving property or money

Fine of 180 penalty units ($37,800)

Competition and Consumer Act 2010 (Cth) s 137G