Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p153
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 153/154)
Character Range: 580104–582686

proceeding.
 (2) If it is alleged that a contempt has been committed by a person, but not in connection with a proceeding in the Court, the proceeding for punishment of the alleged contempt must be started by filing an originating application as a substantive proceeding.

42.12  Statement of charge
  An application alleging that a contempt has been committed must be accompanied by:
 (a) a statement of charge, in accordance with Form 137, specifying the contempt with sufficient particularity to allow the person charged to answer the charge; and
 (b) the affidavits on which the person making the charge intends to rely to prove the charge.

42.13  Service
  The person charged must be served personally with:
 (a) the application (whether originating or interlocutory); and
 (b) the statement of charge; and
 (c) the affidavits on which the party making the charge intends to rely.

42.14  Arrest
 (1) If an application for punishment of a contempt has been filed, or a proceeding has been started for punishment of a contempt, a party making the charge may apply to the Court for:
 (a) an order that the person charged give security for the person's appearance to answer the charge; or
 (b) the issue of a warrant, in accordance with Form 90:
 (i) for the person's arrest and detention in custody until the person is brought before the Court; and
 (ii) for the production of the person before the Court.
 (2) The party making the charge under subrule (1) must satisfy the Court that the person charged is likely to abscond or otherwise withdraw from the jurisdiction of the Court.
 (3) If the person charged does not comply with an order to give security, the Court may issue a warrant, in accordance with Form 90, for the arrest of the person and for the person's detention in custody until the person is brought before the Court to answer the charge.
 (4) A warrant referred to in this rule may be issued to one of the following persons:
 (a) the Sheriff of the Court;
 (b) a Deputy Sheriff of the Court;
 (c) the Sheriff of a court of a State or Territory;
 (d) a Deputy Sheriff of a court of a State or Territory;
 (e) a police officer.

42.15  Procedure on the hearing
 (1) The person charged may apply to the Court for an order:
 (a) that the hearing of the charge proceed by way of oral evidence; or
 (b) for the cross‑examination of the deponents to the affidavits to be relied on by the person making the charge.
 (2) The person charged may file affidavits in answer to the charge.
 (3) The person charged may:
 (a) give oral evidence; and
 (b) call witnesses to give