This is a mandatory form.*
It is used if you want to seek an order from the Court imposing a punishment on a person for contempt of a Court order or other contempt of court. Specifically, it is used for an application alleging a breach of a parenting order under Division 13A of Part VII of the Family Law Act or an order not affecting children for example a property order under Part XIII of the Family Law Act.
Before filing an Application - Contempt, you should consider the result you want to achieve. The remedies available from the Court range from the enforcement of an order to the punishment of a person for failure to obey an order. For example, the Court may make an order that:
- ensures the resumption of the arrangements set out in an earlier order;
- compensates a person for lost contact time;
- varies an existing order;
- puts a person on notice that if the person does not comply with an order, the person will be punished; or
- punishes a person by way of a fine or imprisonment.
If you don't actually want the other party punished (eg. fined or imprisoned) for the breach but rather want a speedy remedy to ensure the resumption of the arrangements set out in an earlier order, you may be able to file an Application in a Case rather than an Application - Contempt.
Contempt of court should only be alleged if the conduct complained of is serious enough to warrant such a serious charge, for example, if it is alleged that the contravention of an order involves a flagrant challenge to the Court's authority (see subsection 112AP (1) of the Act) or a serious disregard of the person’s obligations under an order. A person found to be in contempt of the court may be imprisoned.
You should seek legal advice before filing an Appplication - Contempt.
Number of copies of the form for filing, service and yourself
The completed and signed original of the form is filed at the Court. Before you file it you must also make sufficient copies to have one for each person to be served and a copy for your own records.
Filing fee
Nil
What you file with this form
If the alleged contempt relates to an order or undertaking – the order or undertaking.
An affidavit.
Who you serve
The respondent
How you serve this form
By special service. The Service Kit provides instructions on how to do this.
What is filed in response
There is no form to respond to an Application - Contempt, however the other person may file an application seeking a variation of the order to which the application relates.
More information
Relevant legislation is Chapter 21 of the Family Law Rules 2004
In completing a Court form, you must*
Complete the form by typing (eg. on a computer or typewriter) or hand printed in ink.
NOTE: Hard copies of all forms, brochures, kits and booklets are also available through any Family Law Registry. If you are interested in ordering bulk hard copies click to view information on ordering publications.
back to top