Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:5:p2
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 5 (pt 2/53)
Character Range: 363513–366142

adjourn the application.

11.69  Procedure at hearing
  At the hearing of an application referred to in Table 11.1, the court must:
 (a) inform the respondent of the allegation; and
 (b) ask the respondent whether the respondent wishes to admit or deny the allegation; and
 (c) hear any evidence supporting the allegation; and
 (d) ask the respondent to state the response to the allegation; and
 (e) hear any evidence for the respondent; and
 (f) determine the proceeding.
Note: For the orders that may be made by the court, see sections 67X, 70NBA, 70NBB, 70NBC, 70NBD, 70NBF, 70NCA, 70NCB, 112AD, 112AE, 112AF, 112AG, 112AH and 112AP of the Family Law Act.

Division 11.2.2—Contempt

11.70  Contempt in the face or hearing of court
 (1) If it appears to the court that a person is guilty of contempt in the face of or in the hearing of the court, the court may:
 (a) order that the person attend before the court; or
 (b) issue a warrant for the person's arrest.
 (2) When the person attends before the court, the court must:
 (a) tell the person of the contempt with which the person is charged; and
 (b) allow the person to state the person's defence to the charge; and
 (c) after hearing the defence, determine the charge; and
 (d) make an order for the punishment or discharge of the person.
 (3) The court may direct that the person be kept in custody or released until the charge is determined.
 (4) The court may direct that the person give security for the person's attendance before the court to answer the charge.
Note: Contempt in the court room interferes with the administration of justice. Examples of actions that may be contempt include:
(a) assaulting or threatening a Judge or another person; and
(b) insulting the court; and
(c) disrupting court proceedings; and
(d) disrespect or other misbehaviour in court.

11.71  Contempt applications
 (1) If it is alleged that a person has committed a contempt of the court (whether or not the contempt occurred in the face or hearing of the court), an application may be made to the court for the person to be dealt with for the contempt.
 (2) An application must:
 (a) be in accordance with the approved form; and
 (b) state the contempt alleged; and
 (c) be supported by an affidavit setting out the facts relied on.
Example: For the purposes of paragraph (2)(c), if a person alleges, in an Application—Contempt, that a party is in contempt because of a contravention of an order that involved a flagrant challenge to the court's authority (see subsection 112AP(1) of the Family Law Act), the affidavit must set out the alleged facts necessary to prove this.
Note: