The Family Law Act 1975 (NSW) enables the court to impose sanctions on parties to property settlements who fail to comply with orders made. The sanctions include (s112AD):
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A bond (for up to 2 years)
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A sentence (not more than 12 months)
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A fine (not more than $6600).
The different sentences which can be imposed include:
The court can lift a punishment if it is satisfied that the person will comply with the orders. No sanction will be imposed if failure to comply is under reasonable circumstances. Such reasonable circumstances include a lack of understanding of the obligations imposed and if the court is satisfied that the party should be excused.
What is Contempt?
Contempt can occur in family law proceedings where there has been contravention of an order and a challenge to the authority of the court. Generally, contempt to court involves a wilful and intentionally deliberate act, resulting in disrespect to the judge, disruption of proceedings (including bad behaviour in court), and any acts jeopardising a fair trial. A further example of contempt to the court is if a subpoena is issued by the court or an order is made for attendance to court but the person who is the subject of the subpoena fails to appear. Contempt can also be by publication, including publishing information which can influence proceedings, or acting outside the boundaries of an injunction.
Sanctions can be imposed for contempt to the court, however, if the person apologises, the court may consider a cancellation of the order punishing the behaviour.
How can Prime Lawyers help you?
If any other parties fail to comply with court orders our experienced family lawyers at Prime Lawyers will be able to assist you to ensure that these actions are dealt with accordingly.
Furthermore, we will instruct you on court etiquette and ensure that you are aware what to do and what not to do whilst court is in session, to avoid a charge of contempt being placed upon you.