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.
[T]his first Australian text dedicated to the law of contempt of court [is] long overdue and extremely welcome.
…
The result is a rich repository of legal knowledge, which will be readily digestible by lawyers and judges whose quotidian role is to apply the current law of contempt, and which will be usefully studied by scholars and potential reformers of the law who might strive for a deeper understanding of its origins and possible trajectory.
From the Foreword by The Hon Justice Gageler AC
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
Read the Foreword by Justice Gageler AC from Contempt
The University of Sydney Law School and The Federation Press held a book launch for ‘Contempt’ in November 2023. This new title was launched by The Honourable A. S. Bell, Chief Justice of New South Wales. Read his full speech here…
This title was also launched in Perth by The Hon Robert French AC. Read his full speech here…
Professor Rolph’s magisterial work is vast in its scope and detailed in its treatment. There is extensive reference to both Australian and overseas authority, as well as relevant statutory provisions in every Commonwealth jurisdiction. The analysis of those authorities is rigorous and thorough, but it is not dogmatic; Professor Rolph acknowledges the uncertainties in the law and its application. It fills a significant gap in Australian legal scholarship. It also fills a significant gap in the education of those practitioners who did not undertake study in media law and whose exposure to the law of contempt will have been incidental at best (or, at worst, borne of necessity in practice). Read full review…
Dominic Villa SC, Bar News, Autumn 2024
The legislation, case law, and peculiarities of contempt are meticulously illustrated by the author. It is an enjoyable and informative read.
T Traicos, Queensland Law Reporter, [2024] 5
