Statement of charge (Form 137)

Part 42 of the Federal Court Rules 2011 deals with contempt. If the alleged contempt is connected with a proceeding in the Court, the party alleging it applies by interlocutory application in that proceeding; if it is not connected with a proceeding, a separate proceeding is started by originating application (r 42.11). Either way, the application must be accompanied by a statement of charge in accordance with Form 137, specifying the contempt with enough particularity to allow the person charged to answer it, together with the affidavits the party will rely on to prove the charge (r 42.12). Contempt committed in the face or hearing of the Court is dealt with separately under Division 42.1.

When you need it

• You allege that a person has committed a contempt in connection with a Federal Court proceeding, for example by not complying with an order or an undertaking given to the Court, and you are filing an interlocutory application (Form 35) to have it punished.
• You allege a contempt of the Court that is not connected with an existing proceeding and are starting a new proceeding by originating application (r 42.11(2)).
• Not for contempt in the face of the Court, where the Court can deal with the person directly under rules 42.01 to 42.03.

1. 1

   Copy the heading from the proceeding

   Insert the proceeding number, District Registry, Division and the party names exactly as they appear on the originating application.

2. 2

   Name the person charged

   Fill in the name and address of the person charged in the line addressed to them.

3. 3

   State each charge separately

   Under 'Charge', set out each alleged contempt as a separate numbered charge. Identify exactly what was breached, for example the date of the order and the paragraph number, and what the person did or failed to do.

4. 4

   Give particulars under each charge

   Add the dates, places, conduct and documents relied on. The test in r 42.12(a) is whether the person charged has enough detail to answer the charge, so be precise.

5. 5

   Complete the date, signature block and footer

   Date the statement. Complete the footer with the party filing it, who prepared it and the address for service (r 2.16).

• File the statement of charge with the interlocutory or originating application and the affidavits relied on to prove the charge (r 42.12). Most documents are filed through the Court's eLodgment system.
• The person charged must be served personally with the application, the statement of charge and the affidavits (r 42.13).
• If the person charged is likely to abscond or leave the jurisdiction, the party making the charge can ask the Court to order security for their appearance or to issue a warrant for arrest in Form 90 (r 42.14).
• A filing fee may apply to the application. Check the Court's current fee schedule.

• Contempt is serious and the person charged is entitled to know precisely what is alleged. Vague or rolled-up charges invite an objection.
• Personal service is required. Sending the documents to the person's lawyer by email is not the same thing unless the Court orders otherwise.
• The Word template's signature block is labelled 'Judge'. Check with the registry how the statement should be signed in your matter before filing.
• The person charged may apply for the charge to be heard on oral evidence or to cross-examine your deponents, and may file affidavits or give oral evidence (r 42.15). Prepare your evidence on that basis.