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…
Proceedings for contempt of court are not a common event in Australia. Perhaps that is why the stories of mistakes made during contempt proceedings are legion. There has been uncertainty about whether to proceed, when to proceed and how to proceed. Those uncertainties have been laid to rest by this monumental work by Professor David Rolph.2His scholarship and the ease with which he exposes and explains the law of contempt make this a singular work — it is an essential resource for anyone wanting (or having) to dip their toes into the formerly turbid waters of contempt.
…
It should not surprise anyone that Rolph on Contempt has already been cited several times — in the High Court of Australia, the Supreme Courts of various States and the Federal Court of Australia. That is explained by the fact that the book is designed to be used by practitioners and judges alike. It deals with the practical legal difficulties that arise and it does so from the point of view of someone who is seeking a solution. It is written by someone who fully understands that contempt proceedings can arise unexpectedly, that they can be impressed with the need for expedition, and that the path to resolution of a contempt proceeding is strewn with hazards. Rolph shows the reader where the hazards are and how they can be met. It is an Australian classic. Read full review…
Glenn Martin, ‘Book Review: Contempt by David Rolph’ (2025) 47 Sydney Law Review 21385: 1–2 <https://doi.org/10.30722/slr.21385>
In launching Contempt in New South Wales on 7 November 2023, The Hon Andrew Bell, Chief Justice of New South Wales, predicted that it would become ‘the standard and authoritative Australian text on the subject and invaluable to judges, practitioners, students and academics in this country who are faced with questions of contempt’. Contempt deserves both that level of praise and the fulfilment of that prediction.
…
Contempt is an impressive work of legal scholarship and a very useful and readable resource on a complex area of law. Read full review…
The Hon Justice Anna Mitchelmore, Supreme Court of New South Wales, Australian Bar Review, 55 (2025)
Finally, I come to a recent case in which I know for certain that Rolph’s work has had an influence: Smith v Kirkegaard. The case arose from a libel action which Mr Kirkegaard had brought but then discontinued …
On 14 March 2024, I dealt with Smith’s application for permission to appeal against the dismissal of his application. One of his grounds was that the judge was wrong about the enforcement of cost orders by contempt proceedings. He cited no authority on the point. He was still representing himself. Kirkegaard was not participating in the proceedings. I was not aware of any authority for the proposition stated by the judge. Some research was called for.
By this time I had acquired a copy of Rolph’s work. It devotes detailed attention to contempt by disobedience of court orders. My conclusion was that Smith had a real prospect of success on the point given the Australian cases cited by Rolph which suggested that the court could treat failure to pay a judgment debt as contempt if (but only if) satisfied that the failure was wilful and in particular that the alleged contemnor was able to pay …
… I for one will be checking Rolph on Contempt whenever a contempt case comes before me. Read full review…
Sir Mark Warby (23 Jun 2025): Enforcing respect for justice, Journal of Media
Law, DOI: 10.1080/17577632.2025.2475562
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
