Committal proceedings

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 an order of committal 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 applicant.

Apply for leave of court

You will need to apply for leave (permission) of court to make an application for an Order of Committal.

If the other party's non-compliance with a court order or judgment occurs in an ongoing matter, you may apply for leave by filing an ex parte Summons for Leave to Commence Committal Proceedings . If not, you should file an ex parte Originating Summons (OS).

The ex parte OS or summons must be supported by:

• A statement.
• An affidavit containing evidence verifying the facts stated in the statement you are relying on.

The statement should contain:

• The name and description of the applicant.
• The name, description and address of the other party who did not comply with the court order or judgment.
• The reasons for applying for the Order of Committal.

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 you are representing yourself, you must file the documents through eLitigation at the LawNet and CrimsonLogic Service Bureau.

You must follow the Rules of Court and the State Court Practice Directions or the Supreme Court Practice Directions to prepare your documents before heading down personally to do the filing.

After you file

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 leave at the hearing, you can then make an application for an Order of Committal by filing a summons within 14 days from the date the leave was granted.

File the summons

You will have to file the summons prepared with reference to Form 109 of the Rules of Court through eLitigation at the LawNet and CrimsonLogic Service Bureau.

Estimated fees

Refer to the following to find out the possible fees for filing the documents. You may also refer to Appendix B of the Rules of Court for the full list of court fees.

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 personally at least 8 days before the date of the hearing:

• The OS or summons (that is, the application for leave).
• The statement.
• The supporting affidavit
• The order granting leave.
• The application for the Order of Committal.

You will also have to attend the hearing on the date scheduled by the court, as stated in the application for the Order of Committal.

At the hearing, the court will hear both parties before deciding whether to make an Order of Committal. 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.

Resources