What is Contempt of Court?

Contempt of Court
Table of Contents

Share at:

Being held in contempt of court is when someone acts in a way which shows disrespect towards the Court. Contempt used to be based on an intent to interfere with, or undermine the “authority, performance, or dignity” of the Courts. In 2016, the NSW government introduced legislation which changed these rules. Disrespecting the court generally is now also an offence. In this article, we’ll discuss what contempt of court is.

When can someone be held in contempt of court?

There’s a number of different ways in which someone can be held in contempt of court. Some types of these include:

Disobedience of court orders

Court orders are intended to be abided by. A person or party to proceedings can be held in contempt if they do not comply with Court orders. If someone is held in contempt in civil trials, the offended party can seek remedies (such as through costs) at the end of proceedings. If this happens in criminal trials, the Court will impose the relevant punishment.

Contempt by publication and the sub judice rule

This occurs when someone involved in proceedings reveals confidential information before it has been resolved at trial. 

Scandalising the court

Scandalising refers to conduct ‘which attempts to bring disrepute to, or lower the authority of the court. This often involves trials which cover controversial issues. Although the judiciary are and should be open to criticism, this rule steps in to protect the public order.

Disrespecting the court

Disrespecting the Court has more to do with following correct procedure. For example, refusing to bow as the Judge enters the courtroom or disrupting proceedings. 

The Purpose of the Offence

The purpose of “contempt of court” is to protect the course of justice, the public interest, and respect the individuals who interpret and apply the law. Therefore, the main purpose is to protect the public and the legal system by preserving the authority and power of the court and the people who administer the law and justice. It’s to make sure that people don’t see themselves as above the law and to set an expectation of respect.

The Penalties

The crime of “contempt of court” can result in imprisonment for 28 days or a $2,200 fine. However, the crime of disrespecting the court carries a 14-day prison term or a $1,100 fine.

What Do I Do if I Have Been Charged with This?

If you are charged with contempt of court or need further clarification of what it is always a good idea to consult a criminal lawyer. Ultimately, a criminal lawyer will be able to explain exactly what it is and assist with possible court proceedings.

Don’t know where to start? Contact us on 1800 529 728 to learn more about customising legal documents and obtaining a fixed-fee quote from Australia’s largest lawyer marketplace.

Share at:

Simplify creating legal documents today

Browse through Lawpath's AI tools which can be used to draft, review and refine legal documents today!

Related Articles

How to exit a Partnership Agreement

Learn how to exit a partnership agreement. Understand the essential steps for withdrawal, buy-outs, and business dissolution to ensure a smooth transition.

Competition Permits in Australia: A State-by-State Breakdown

Do you know when competition permits are required in Australia? Read this article to find out when they’re required in every state.

Common IT Policies For Small Businesses in 2026 and Beyond

With a range of IT policies available, it's hard to decide which ones you truly need. Our latest guide is here to help.

Cooling Off Period Guide For Every Type of Transaction in NSW

Is there a cooling off period for purchases in NSW? Check out this article to find out when they apply.

Without Prejudice: It’s Meaning & Use (2026 Update)

The words 'Without Prejudice' often appear on letters or other legal documents, but what does it mean? In this piece, we'll explain how it's used.

Who Can Witness a Power of Attorney Document?

Different Australian States and Territories have different requirements when it comes to witnessing a Power of Attorney (POA). Find out what they are here.