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Committal proceedings (from 1 April 2022)
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 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 2021 and the State Court Practice Directions 2021 or the Supreme Court Practice Directions 2021 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 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.
File the summons for committal order
You will have to file the Summons to seek Committal Order prepared with reference to Form 42 of Appendix A2, State Courts Practice Directions 2021 or Form 42 of Appendix A, Supreme Court Practice Directions 2021 through eLitigation at the LawNet and CrimsonLogic Service Bureau.
Note
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.
In addition to the fees listed in the table, there are also other fees payable to the LawNet & CrimsonLogic Service Bureau.
Item or service | Fees |
|---|---|
File the Summons Without Notice or Originating Application (Without Notice) for permission to make an application for a committal order | $50 (filing a Summons without notice in an existing case); or $100 (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 | $25 |
| File the Summons (after permission has been granted) | $50 |
| Extract the committal order | $85 |
In addition to the fees listed in the table, there are also other fees payable to the LawNet & CrimsonLogic Service Bureau.
Item or service | 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.
In addition to the fees listed in the table, there are also other fees payable to the LawNet & CrimsonLogic Service Bureau.
Item or service | Fees |
|---|---|
File the Summons Without Notice or Originating Application (Without Notice) for permission to make an application for a committal order | $500 |
File the Affidavit | $2 per page, subject to minimum fee of $50 per affidavit |
| Extract the order granting permission | $100 |
| File the Summons (after permission has been granted) | $500 |
| Extract the committal order | $500 |
Refer to the following for the filing fees if your claim is more than $1 million.
In addition to the fees listed in the table, there are also other fees payable to the LawNet & CrimsonLogic Service Bureau.
Item or service | Fees |
|---|---|
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.
Find out moreResources
Legislation associated with this topic includes Order 23 of the Rules of Court 2021.
