Document ID: chunk:federal_register_of_legislation:F2024C00057:front:0:p20
Version: federal_register_of_legislation:F2024C00057
Segment Type: other
Provision Reference: 
Character Range: 45950–48566

order, direct that the alleged contemnor be arrested and brought before the Court forthwith or may issue a warrant under the Justice's hand for the arrest of the alleged contemnor.
11.01.2  When the alleged contemnor is brought before the Court, the Court shall:
 (a) orally inform the alleged contemnor of the contempt charged;
 (b) require the alleged contemnor to make his or her defence to that charge;
 (c) after hearing the alleged contemnor proceed then or after adjournment to determine the charge; and
 (d) make whatever order for the punishment or discharge of the alleged contemnor as is just.
11.01.3  Unless the Court admits the alleged contemnor to bail he or she shall be detained in custody as directed by the Court or a Justice until the charge is heard and determined.

11.02  Other cases
11.02.1  In a case where rule 11.01.1 does not apply application for punishment for contempt of Court shall be made by summons for an order that the alleged contemnor be committed to prison for contempt.
11.02.2  A summons under rule 11.02.1 shall:
 (a) specify the contempt alleged against the alleged contemnor;
 (b) be served personally on the alleged contemnor; and
 (c) be served together with any affidavit upon which the party applying intends to rely.
11.02.3  Where a summons under rule 11.02.1 has been filed and it is made to appear to a Justice that the alleged contemnor is likely to abscond or otherwise withdraw from the jurisdiction of the Court the Justice may by warrant direct that the alleged contemnor be arrested and detained in custody until brought before the Court or a Justice to answer the charge unless, in the meantime, that alleged contemnor gives security in an amount and on terms determined by the Justice for the alleged contemnor's appearance to answer the charge and to submit to the judgment of the Court.

11.03  Warrant
11.03.1  A warrant for the arrest or the detention or imprisonment of a person under this Part shall be addressed to the Marshal and may be issued under the hand of the Justice or presiding Justice.
11.03.2  An arrest warrant shall be in Form 5.
11.03.3  A committal warrant shall be in Form 6.

11.04  Punishment
11.04.1  Where an alleged contemnor is found guilty of contempt of Court the Court or Justice may order:
 (a) where the contemnor is a natural person, that the contemnor pay a fine, be committed to prison, or both pay a fine and be committed to prison; or
 (b) where the contemnor is a body corporate, that the contemnor pay a fine, that some or all of the property of the contemnor be sequestrated or that both the contemnor pay a fine