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ARTICLE · 10 MARCH 2023

Contempt of Court

Everything you need to know about contempt of court, contempt proceedings, and other matters relevant to the topic.

AustraliaLitigation, Mediation & Arbitration

Contempt of court is generally understood as misbehaviour in the courtroom or wilful disregard or disobedience of a court order. Common acts include a person refusing to be sworn as a witness, or refusing to answer as a witness when the law requires them to do so.

Case law defines contempt of court as an act that has the tendency to interfere with or undermine the authority, performance, or dignity of the court or those who participate in court proceedings.

In NSW, contempt of court is an offence punishable under Section 24 of the Local Court Act 2007 and Section 199 of the District Court Act 1973, which carries a maximum penalty of 28 days imprisonment and/or a fine of 20 penalty units. Part 55 of the Supreme Court Rules (1970) contains the laws and procedures relating to contempt.

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