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Application process

If the applicant wishes to proceed with an application for contempt, then they will be required to prove beyond reasonable doubt the other person failed to comply with the order (or the other alleged contempt).

The applicant should lodge with tribunal:

  • an application seeking an order of the tribunal (as there is no form for this application, please see the minimum requirements for an application in rule 10 of the QCAT Rules)
  • an affidavit of facts supporting their application, including any additional affidavits as needed
  • a draft charge summarising the alleged contempt.

Once filed, the applicant must personally serve (give) the respondent with the application and documents within 28 days.

The applicant should file a Form 9 - Affidavit of service (PDF, 296.3 KB) to prove service has been completed.

The principal registrar may then schedule a directions hearing before a judicial member and serve notices of hearing on the parties.

At the directions hearing the judicial member may make orders about how the matter will proceed.

What is an affidavit?

A written statement made by a person to be used in a court proceeding as evidence. A person who makes an affidavit must swear on oath or make an affirmation that the contents of the affidavit are true. A person who makes an affidavit may be cross-examined about its contents at a hearing.

Last reviewed
16 September 2016
Last updated
16 September 2016

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