Contempt application preparation
Contempt is a serious application carrying penal consequences — criminal standard of proof applies. This checklist walks through the preparation steps.
This is a 12-step preparation checklist for a contempt application in NSW. It covers elements, standard of proof, evidence and the hearing.
The checklist
Identify the order breached
Identify the specific order, its terms and the obligations imposed.
Confirm the order was served
Contempt requires service of the order with a penal endorsement.
Identify the type of contempt
Civil or criminal contempt, disobedience or interference. Each has different requirements.
Gather evidence of breach
Evidence must be admissible and meet the criminal standard — beyond reasonable doubt.
Draft the notice of motion
Draft a notice of motion supported by a statement of charge for each alleged contempt.
Draft supporting affidavit
Detailed affidavit evidence of the breach.
Consider less serious remedies
Consider whether a less punitive remedy would suffice — sequestration, costs or further orders.
Serve personally
Personal service of the motion and affidavit on the alleged contemnor.
Brief counsel
Contempt is a serious proceeding — brief experienced counsel.
Advise the contemnor of rights
The alleged contemnor has the right to legal representation and to remain silent.
Prepare for a defended hearing
Prepare for a full hearing including witness cross-examination and submissions.
Plan the orders sought
Draft the orders sought — fine, imprisonment, sequestration, costs.
When this checklist applies
Use this checklist when an order has been knowingly disobeyed and less serious remedies are inadequate.
Common pitfalls
- Insufficient evidence of service and knowledge
- Evidence not meeting the criminal standard
- Failing to consider alternative remedies
- Procedural defects in the motion
- Not advising the alleged contemnor of their rights
Run this checklist on a real matter
Quillio drafts contempt motions, statements of charge and affidavits in current NSW format. See /practice-areas/litigation-lawyers.
This checklist is a general guide. Adapt for Federal Court and family law contempt, which have distinct rules.
Use this checklist on your matter.
Quillio can run this checklist on a specific NSW conveyancing matter — confirm each item, calculate adjustments, and generate the supporting documents. The free trial requires no credit card.
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