ACT Criminal Law
National Criminal Law
NSW Criminal Law
QLD Criminal Law
VIC Criminal Law
WA Criminal Law
My legal matter concerning an application for a Domestic Violence Order was managed by Mr Thomas Allen. I am grateful for the outcome he obtained. Without Mr Allen and his ongoing support, I would be certain of a different result. It has been an extremely stressful period. Mr Allen’s astute ability to liaise on my behalf and his expertise was invaluable and for which I am grateful as I am now able to move forward. Thanking you
I would like to take this opportunity to thank Armstrong Legal and specifically Mr Thomas Allen for representing me in my recent case. At the outset, I would like to thank Mr Allen for the very professional delivery of his legal service. From the first time that I met Mr Allen, I was very impressed with his demeanour and delivery as he made me feel at ease knowing the severity of my case. Mr Allen not only gave me the possible positive outcomes of the case but also the realisation of the worst-case scenario as far as sentencing goes. … I will certainly be recommending Armstrong Legal to any of my friends or family needing representation in criminal matters. Thank you so very much.
Thank you for your representation and help. Fingers crossed for the next step and parole. I just want to say that from the first phone call to your office, your service has been outstanding and have put my mind at ease. I am glad I picked your number to ring.
Thank you Armstrong Legal, the lawyers that have helped over the past 3 years but more importantly, thank you to Thomas Allen for the major part you and Mr Buckland played. Cannot thank you enough. Cheers.
Hi all. I would like to thank Ms Lisa Riley for all her help with my legal issues this past month. It was the most harrowing experience of my life and thanks to her expertise, professionalism and knowledge of the law, I came out almost unscathed. I have no hesitation in recommending Lisa Riley and Armstrong Legal if you need help. The service is amazing and the cost was very minimal for the great outcome. Thank you Lisa for helping me in the most difficult time.
I just want to thank you from the bottom of my heart. My whole life I was thrown away, you made me feel like I did mean something. I could not have asked for a better lawyer. Your compassion and love for your job is inspiring. Your upfront and honesty were muchly appreciated, you are a beautiful person. Thank you for not giving up on me and thank you for all the work you put in. I wish you all the best for the future and I will be recommending you to everyone I know. You're amazing!!!!
I just wanted to thank you for representing me on Monday, I was overjoyed & relieved with the outcome. I don’t think it could have gone any better. All the best, I hope you got to celebrate this one instead after work, you forever made a difference in my life.
I know I thanked you before we parted company but please allow me to reiterate in writing my sincere deepest thanks for defending me in court today. … Armstrong Legal certainly has a great Lawyer you are a credit to the company and I'm quite sure you will secure a very successful future! … My Kindest Regards and Thanks
Throughout Angela has been the consummate professional. She maintained a calm, yet strong demeanour remained informative and completely open in her communication and took complete ownership of the situation. We felt confident we finally had an advocate to steer us out of the nightmare we were in, and she did so with great respect and sincerity. I cannot speak more highly of Angela. She has literally rescued our family from what looked very much like a hopeless future.
Words can’t describe how grateful I am to Trudie Cameron being my solicitor and to Andrew Tiedt presenting my case in the court. They both have been very supportive and amazingly professional and effective. I’ve got an absolutely fantastic outcome I couldn’t even dream about.
Soon after meeting Andrew I knew he was the solicitor I wanted to handle my matter. He immediately sprang into action which brought me stability and hope during a tumultuous time in my life. Andrew was never afraid to give me straight answers to my tough questions which is a true mark of integrity. He is clearly at ease in the court environment and I believe his calm and measured demeanour went a long way to helping me secure the best result from my day in court. I would certainly recommend you approach Andrew if you need assistance.
"Andrew Tiedt was very professional and considerate to personal circumstances and gave sound advice that resulted in the best outcome possible. Highly recommended."
Contempt Of Court (WA)
Contempt of court is an act which has a tendency to interfere with or undermine the authority of the court. It is considered a serious offence and punished accordingly. Examples of contempt of court include improper behaviour in court, attempting to influence participants in a case, failing to comply with a court order, or publishing material which prejudices a fair trial or undermines public confidence in the court system.
The offence is found in several pieces of legislation in Western Australia.
Section 15 of the Magistrates Court Act 2004 sets out that a person is guilty of contempt if they wilfully:
- interrupt proceedings;
- misbehave in court;
- insult a person of the court;
- insult or obstruct a person entering or leaving the court.
A person will also be guilty of contempt if they:
- refuse to take an oath or affirmation when required;
- refuse to give evidence when required;
- do not comply with a lawful direction of the court;
- do not attend court as required by a summons;
- do not produce a document when ordered by the court;
- refuse to comply with a court order to do an act or to stop doing an act.
The court has several options to deal with a person who has committed a contempt. These include:
- ordering the arrest of the person, either orally or via a warrant, so they can be be brought before the court to answer the charge;
- issuing a summons for the person to appear in court to answer the charge;
- deal with the person without a formal charge.
A person found guilty of contempt is liable to a maximum penalty of a $12,000 fine, imprisonment for 12 months, or both. If the person does not pay the fine immediately, the court can order that the person be jailed until the fine is paid or for 12 months, whichever is the shorter period. If a person apologises to the court for the contempt, the court can amend or cancel the punishment, including ordering a refund of all or some of a fine paid.
Section 63 of the District Court of Western Australia Act 1969 sets out that a person is guilty of contempt if they:
- wilfully insult a judge or court officer during proceedings or when the judge is entering or leaving the court;
- wilfully interrupt court proceedings;
- refuse to appear or to produce documents when required by a summons;
- refuse to give evidence, be sworn in, or answer questions when required;
- wilfully be evasive as a witness;
- misbehave in the courtroom.
The judge can order the arrest of the person and jail them for up to 5 years, or fine them up to $50,000. If the person does not pay the fine immediately, the court can order that the person be jailed until the fine is paid or for 5 years, whichever is the shorter period.
The Rules of the Supreme Court 1971 provide examples of when contempt is committed in the Supreme Court. These examples include making a false statement when questioned, and failing to comply with a subpoena to appear to give evidence or to produce documents.
If the court believes a person is guilty of contempt, a judge can orally direct the person be brought before the court or issue a warrant for the person’s arrest.
At the hearing for contempt, the court must:
- inform the person of the contempt charge; and
- allow the person to defend the charge; and
- decide the matter in any way it considers appropriate; and
- order the person be punished or discharged.
If the person has committed a contempt, the court can order imprisonment, issue a fine, or both. If the court imposes a fine, the person can be held in prison until the fine is paid. If the respondent is a corporation, the court can seize corporation property, issue a fine, or both.
Section 234 of the Family Court Act 1997 allows this court to punish a person for a contempt of court that does not constitute contravention of an order, or that constitutes contravention of an order that “involves a flagrant challenge to the authority of the court”. An example of the latter is when a parent substantially breaches a parenting order without a valid reason, such as by denying the other parent time with a child on multiple occasions, or not returning the child to the parent with whom they live.
A person can also be found guilty of contempt by application by another person. An application should be made only if the behaviour is serious enough to warrant a criminal charge. An enforcement application may be a more suitable way to have a person comply with a court order.
A person can be punished by a prison term, or a fine or both. A corporation can be punished by seizure of property, or a fine, or both. The court has the power to suspend the punishment or accept security for good behaviour. It also has the power to reinstate arrangements from a previous order, vary an existing order and order compensation to a parent for lost contact time.
For advice or representation in any legal matter, please contact Armstrong Legal.
Money laundering is an act or acts that conceal the fact that money is the proceeds of crime. In Western…
The offence of blackmail is committed when one person makes a demand on another person for specified property, and that…
In Western Australia, it is illegal to possess, manufacture, grow, use or supply an illicit drug. Drug offences are listed…
201 Elizabeth Street
Sydney NSW 2000
575 Bourke Street
Melbourne VIC 3000
91 North Quay
Brisbane QLD 4000
Nishi, 2 Phillip Law Street
Canberra ACT 2601
22 St Georges Terrace Perth