Private Prosecution - Australia

Australia

A private criminal prosecution for contempt of court can be commenced against a party in Australia in the Federal Magistrates Court, the Family Court (and the Family Court of Western Australia - the only jurisdiction with a state based Family Court) or the Supreme Court of a State or Territory.

In the Federal Magistrates Court, Family Court of Australia, or the Family Court of Western Australia, an on-line form exists to commence such proceedings which can be downloaded, completed and filed.

In the Supreme Court of Western Australia 0 55, R 4 (Order 55, Rule 4 of The Rules of the Supreme Court (WA) 1971), either an Originating Summons (Form No.75 as is an ex-parte application) or Originating Motion (Form No.64) must be filed specifying the alleged contempt, and personally served on the alleged contemptor previous to a hearing before a judge sitting in chambers unless the court orders otherwise: O 55, R 2.

If the alleged contempt occurred in relation to any specific case, the Forms are required to be filed under the heading of the parties for that specific case; or if it is not alleged to have been committed with reference to a particular proceeding, shall be entitled “The State of Western Australia against” the contemnor (naming him) ex parte the applicant: O 55, R 5.

Read more about this topic:  Private Prosecution

Famous quotes containing the word australia:

    It is very considerably smaller than Australia and British Somaliland put together. As things stand at present there is nothing much the Texans can do about this, and ... they are inclined to shy away from the subject in ordinary conversation, muttering defensively about the size of oranges.
    Alex Atkinson, British humor writer. repr. In Present Laughter, ed. Alan Coren (1982)

    I like Australia less and less. The hateful newness, the democratic conceit, every man a little pope of perfection.
    —D.H. (David Herbert)