Justin Dowd, Partner, Watts McCray

An application that a person be found in contempt of court should be distinguished from a contravention application, which, although serious in itself, does not reach the same degree of culpability.

Contempt proceedings serve one of two main purposes: either to achieve compliance with an order or to punish a person for non-compliance with an obligation.

If an applicant is seeking to have the respondent punished for a serious failure to comply with an obligation, then the appropriate application is an Application — Contempt in which a finding is sought that the respondent has breached an obligation and that the respondent should be punished for that breach.

If a contempt in the face of the court is committed, the court itself can bring proceedings. Such proceedings will be brought by a senior officer of the court, usually the Principal Registrar.

Where an applicant is in contempt of court because they have previously failed to adhere to court orders, the court may still proceed with hearing the proceedings in which that person is the applicant: s 69F of the Family Law Act 1975. The equivalent section in the Family Court Act 1997 (WA) is s187 .

In the Federal Circuit Court, pursuant to rr 19.01 and 19.02 of the Federal Circuit Court Rules 2001, a distinction is drawn between contempt in the face or hearing of the court and contempt other than in the face or hearing of the court.

In respect of the conduct that warrants the bringing of contempt proceedings, see Actions that constitute contempt.

In respect of the documents to file and the procedure that will be followed, see How is a contempt application brought?

In respect of the orders that may be made by a court upon a finding of contempt, see Orders for contempt of court.