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Committal proceedings (from 1 April 2022)
Committal proceedings determine penalties for a party who does not comply with a court order to do, or to stop doing, an act within a specific time.
Note
This page is for matters that the Rules of Court 2021 apply to. For content relating to matters that the Rules of Court 2014 apply, click here.
If you are uncertain as to which version of the Rules of Court applies to your matter, click here.
About committal proceedings
The purpose of committal proceedings is to penalise a party for non-compliance with a court order or judgment (contempt of court) and to maintain the dignity and authority of the court.
When to consider
A party may consider applying for a committal order against another party if:
The other party does not do an act within a specific time even though required by an order or judgment.
The other party continues to do an act even though required to stop within a specific time by an order or judgment.
If you are filing the application to start committal proceedings, you are the committal applicant.
Apply for permission of court
You will need to apply for permission of court to make an application for a committal order.
If the other party's non-compliance with a court order or judgment occurs in an ongoing matter, you may apply for permission by filing a Summons Without Notice for permission to make an application for a committal order. If not, you should file an Originating Application (Without Notice).
The Originating Application (Without Notice) or Summons Without Notice must be supported by an affidavit containing:
The name, description, and address of the committal applicant.
The name, description and address of the other party who did not comply with the court order or judgment (i.e. the committal respondent).
The reasons for applying for the committal order.
How to file
You may choose to file the documents personally or through a lawyer. If you are represented by a lawyer, the documents will be filed by your lawyer.
If the court accepts your application, you will be asked to collect a sealed copy of the documents and a hearing date will be scheduled.
If the court grants permission at the hearing, you can then make an application for a committal order by filing a summons within 14 days from the date the permission to seek a committal order was granted.
If you do not file a Summons to seek a Committal Order within 14 days from the date the permission was granted, the permission granted by the court will lapse. You will then need to apply for permission again if you wish to proceed.
Estimated fees
Refer to the following to find out the possible fees for filing the documents. You should refer to the Fourth Schedule of the Rules of Court 2021 for the full list of court fees.
File the Summons Without Notice or Originating Application (Without Notice) for permission to make an application for a committal order
100 (filing a Summons Without Notice in an existing case); or $10 (filing an Originating Application (Without Notice) for enforcing an order of the Small Claims Tribunals or Employment Claims Tribunals or settlement agreement under the Employment Claims Act 2016); or $150 (filing an Originating Application (Without Notice), if there is no existing case)
File the Affidavit
$1 per page, subject to a minimum fee of $10 per affidavit
Extract the order granting permission
$50; or
$10 (for enforcing an order of the Small Claims Tribunals or Employment Claims Tribunals or settlement agreement under the Employment Claims Act 2016)
File the Summons (after permission has been granted)
$100; or $10 (for enforcing an order of the Small Claims Tribunals or Employment Claims Tribunals or settlement agreement under the Employment Claims Act 2016)
Extract the committal order
$150; or $10 (for enforcing an order of the Small Claims Tribunals or Employment Claims Tribunals or settlement agreement under the Employment Claims Act 2016)
Refer to the following for the filing fees if your claim is up to $1 million.
File the Summons Without Notice or Originating Application (Without Notice) for permission to make an application for a Committal Order
$1,000
File the Affidavit
$2 per page, subject to minimum fee of $50 per affidavit
Extract the order granting permission
$200
File the Summons (after permission has been granted)
$1,000
Extract the committal order
$1,000
After filing the summons
After the summons is filed, you have to serve the following on the other party who did not comply with the court order or judgment (i.e. the committal respondent) personally at least 21 days before the date of the hearing:
The originating application or summons (that is, the application for permission).
The supporting affidavit.
The order granting permission.
The summons to obtain the committal order.
You will also have to attend the hearing on the date scheduled by the court, as stated in the application for the committal order.
At the hearing, the court will hear both parties before deciding whether to make a committal order. Depending on the facts of the case, the court may either impose an imprisonment sentence or a fine or both on the party who did not comply with the court order or judgment (i.e. the committal respondent).
Need help?
The information here is for general guidance as
the courts do not provide legal advice. If you need further help, you may want to get independent legal advice.
