Warrant for imprisonment (Form 91)
Form 91 is the Federal Court of Australia warrant for imprisonment, directing the Sheriff to take a person to prison. It usually follows a finding of contempt.
Word document from Federal Court of Australia's website.
DraftOur fillable copy of this form has not been through editorial review yet. Check it against Federal Court of Australia's current form before you rely on it.
- Format
- Word (DOCX)
- Category
- Court form
- Form number
- Form 91
- Version
- v52fb6c67
- Last updated
- 14 October 2026
Federal Court of Australia · Federal Court Rules 2011
For law practices: this form maps to the published matter-field vocabulary, so your practice management system fills it from your matter data - on your own machine. Practice management systems can fetch and assemble it through the document assembly API.
What Form 91 is for
Under r 42.21 of the Federal Court Rules 2011, a warrant for the imprisonment of a person charged under Part 42 (contempt) must be in accordance with Form 91 and may be issued by the Judge presiding in the Court directing the arrest or detention. The warrant directs the Sheriff to take the person to a named prison and the officer in charge of that prison to hold them until the Court orders otherwise, or for the period stated. A person committed to prison for a term may apply to the Court for discharge before the end of the term (r 42.22).
When you need it
- The Court has found a person guilty of contempt and ordered imprisonment.
- The Court has ordered a person's imprisonment for another reason it states in the warrant.
- It is a Court-issued document. Parties do not file it, but they may be asked to prepare a draft.
How to fill it in
- 1
Complete the heading
Insert the proceeding number, District Registry, Division and parties.
- 2
Direction to the Sheriff
Insert the person's name and the prison they are to be taken to.
- 3
Direction to the officer in charge
Insert the prison and state how long the person is to be held, for example until further order of the Court or for a fixed term.
- 4
State the reason
Choose either the contempt option, describing the nature of the contempt, or the option stating the other reasons imprisonment was ordered. Delete the one that does not apply.
- 5
Signature
The warrant is dated and signed by the Judge (r 42.21(b)).
Filing, lodging and service
- The warrant is issued by the presiding Judge and given to the Sheriff to carry out.
- Any application for early discharge from a prison term is made to the Court under r 42.22.
Common mistakes
- Describe the contempt in the same terms as the Court's finding.
- The printed form also cites rule 34.16, which has been repealed. The current basis is r 42.21.
Frequently Asked Questions
Who signs a Federal Court warrant for imprisonment?
The Judge presiding in the Court that directed the arrest or detention (r 42.21(b)).
Can a person imprisoned for contempt be released early?
A person committed to prison for a term may apply to the Court for discharge before the end of the term (r 42.22).
Checked against the official sources on 26 October 2026
- Federal Court Rules 2011 (Cth) rr 42.21, 42.22
- Federal Court of Australia - Form 91 Warrant for imprisonment
- Federal Court of Australia - Forms under the Federal Court Rules 2011
General information about the form, not legal advice about your matter. Rules and forms change: if anything here differs from the court or agency's current instructions, theirs apply.
Field map
8 boxes on the Warrant for imprisonment (Form 91) fill from your matter. 1 is for you to complete: ticks, signatures and anything that needs judgement.
- Client
- Client full name(s), Client state
- Key Dates
- Current date
- Operator
- User First Name
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