Commonwealth Numbered Regulations

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1979 No. 140 FEDERAL COURT RULES - RULE 40.13

Service before proceeding commenced
13. (1) Subject to sub-rule (3), a proceeding for contempt shall not be
commenced by a party for failure of the accused person to obey an order of the
Court unless-

   (a)  the order or a certified or office copy thereof has been personally
        served on the accused person; and

   (b)  the order or a certified or office copy thereof was endorsed with a
        statement that the person served in the event of his disobeying the
        order, may be liable to punishment for contempt of court by
        imprisonment or fine or both, or in the case of a corporation or
        organization, by sequestration or fine or both.

(2) Sub-rule (1) does not affect the requirements of Order 37, rule 2.

(3) Where-

   (a)  a proceeding for contempt is commenced by a party for the failure of
        the accused person to observe an undertaking to the Court; and

   (b)  the undertaking was not given to the Court by the accused in person,
        or if the accused person was a corporation or organization, by a
        responsible officer of the corporation or organization in person, a
        document containing the terms of the undertaking shall be personally
        served on the accused person endorsed with a statement that in the
        event of his failing to observe the undertaking, the person served may
        be liable to be punished for contempt of court by imprisonment or fine
        or both, or in the case of a corporation or organization, by
        sequestration or fine or both.



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