Contempt Of Court: Why Ignoring A Court Order Could Land You In Serious Trouble

This article first appeared in New Law Journal, 14 October 2011

The ramifications for those found to be in civil contempt (as presided over by the High Court), and, in particular, the court's power to enforce such a finding against a contemnor who resides overseas, are more far reaching than many (civil) lawyers realise. Wilful non compliance with a court order, or an undertaking given to the court, is a civil contempt of court.

An application for committal for contempt will normally be instigated by the opposing party although the High Court retains the power to instigate committal if it wishes. The nature of the civil proceedings in the course of which the alleged contempt has been committed will determine whether or not it is necessary to seek permission from the High Court before formally serving the application on the alleged contemnor. Unless the High Court directs otherwise, the hearing of the committal application will not take place less than 14 days after service on the alleged contemnor. The application will normally be held in public. There are some limited circumstances where the High Court may agree to hear the application in private but even then an individual found in contempt will not be able to avoid publicity as the name of the contemnor, the nature of the contempt and the penalty imposed will still be published.

The Penalties

Contempt of court must be proved to the criminal standard of beyond all reasonable doubt and, if found to be in contempt, an individual may be committed to prison for a maximum of two years' imprisonment (of which he or she will serve half) and an unlimited fine.

A last minute reprieve may, however, be offered to those who unexpectedly find themselves facing a period of time in prison as the High Court has the power to temporarily suspend the committal to prison if it considers the contemnor will finally comply with the original order or undertaking.

Enforcement

Whilst civil contempt is not a criminal offence (even if committed in connection with a criminal offence), it is a mistake to assume that a contemnor is not at risk of the same enforcement powers as a convicted criminal would be. The High Court has the inherent power to issue warrants for the arrest of an individual in contempt proceedings both before the actual hearing (so as to secure his/ her attendance) and once an order for committal has been made (in order to ensure the contemnor is detained). A warrant of arrest issued by the High...