Contempt

Australia Title

Contempt of court is a vitally important part of the administration of justice.  Being a summary jurisdiction, the law of contempt often needs to be applied swiftly and is not regularly the subject of appeal. There are many complexities and idiosyncrasies about the law of contempt, which have developed over centuries. This book is the first comprehensive treatment of the Australian law of contempt of court. It provides a rigorous but accessible exposition of the fundamental principles of this somewhat arcane area of law. This book is essential reading for all practitioners involved in litigation.

The book considers all forms of contempt, including civil contempt, sub judice contempt, contempt in the face of the court, scandalising the court and interference with the administration of justice as an ongoing process. It examines the difficult issue of the distinction between civil and criminal contempt. It considers not only contempt of superior courts of record but also examines the contempt powers of a range of inferior courts and tribunals. The book also analyses the procedure and penalties for contempt of court.

table of content

Foreword
Stephen Gageler

Acknowledgments
Table of cases
Table of statutes

Introduction
1. The Principle of Open Justice
2. The Distinction Between Civil and Criminal Contempt
3. Sub Judice Contempt
4. Scandalising the Court
5. Disclosure of Jury Deliberations
6. Interference With and By Persons Involved in the Administration of Justice
7. Contempt in the Face of the Court
8. Disclosure of Journalists’ Sources
9. Civil Contempt
10. Frustrating or Subverting Court Orders
11. Contempt of Particular Bodies
12. Suppression and Non-Publication Orders
13. Procedure
14. Penalties and Relief