News · Criminal law explainer
Contempt of court in NSW.
Contempt of court is not a single offence so much as a set of powers courts hold to protect the administration of justice. It covers disruption in the courtroom, reporting that could prejudice a trial, attacks on the court, and disobedience of court orders. This note explains the four main kinds of contempt, how they are dealt with, and the penalties. It sits alongside the rules on suppression orders.
By Aaron Kernaghan · Published 3 September 2026
What is contempt of court?
Contempt of court is conduct that interferes with, or has a tendency to interfere with, the administration of justice, or that defies the authority of a court. The power to punish contempt exists to keep proceedings fair and orderly and to make sure court orders are obeyed.
It is usually grouped into four kinds: contempt in the face of the court, sub judice contempt, scandalising the court, and disobedience contempt. They protect different aspects of the justice system.
Contempt in the face of the court
This is conduct in or near the courtroom that disrupts proceedings or defies the court: refusing to answer a proper question as a witness, abusing the judge, disrupting a hearing, or filming where filming is not allowed. The court can deal with it quickly because it happens in front of the judge.
Because it is immediate, this kind of contempt can be dealt with on the spot, though serious cases are given procedural protections. It is the court protecting the integrity of the hearing as it happens.
Sub judice contempt
Sub judice contempt concerns publication that has a real tendency to prejudice a case that is before the court, such as a report that assumes an accused's guilt, reveals inadmissible material, or pressures a witness. It protects the fair trial of matters that are on foot.
This is where contempt meets media law. A publisher who reports a pending criminal matter in a way that could prejudice the trial can be in contempt, separately from any breach of a suppression order. Our note on the contempt case against a broadcaster shows how a court approaches it.
Scandalising the court and disobedience
Scandalising the court is conduct that undermines public confidence in the administration of justice, such as a baseless public attack imputing corruption or bias to a judge. It is used sparingly, because courts value free and fair criticism and only the most serious attacks cross the line.
Disobedience contempt is the failure to comply with a court order, such as an injunction or an order to produce documents. It is the court's means of enforcing its own orders. A person who defies an order can be dealt with for contempt until they comply.
How is contempt dealt with, and the penalties?
Superior courts have an inherent power to punish contempt, and lower courts have statutory powers to deal with contempt in the face of the court. The procedures differ: some contempts can be dealt with summarily, while more serious matters are dealt with on a charge with the usual protections.
The penalties can be significant, including a fine or imprisonment, particularly for a deliberate and continuing contempt. Because contempt can also overlap with offences such as perverting the course of justice, the conduct is taken seriously. Anyone facing a contempt allegation should get advice quickly.
Frequently asked.
What is contempt of court?
Conduct that interferes with, or tends to interfere with, the administration of justice, or that defies a court's authority. Courts hold powers to punish contempt to keep proceedings fair and to enforce their orders.
What are the kinds of contempt?
The four main kinds are contempt in the face of the court, sub judice contempt, scandalising the court, and disobedience of court orders. Each protects a different aspect of the justice system.
What is sub judice contempt?
Publication that has a real tendency to prejudice a case that is before the court, such as assuming an accused's guilt or revealing inadmissible material. It protects the fair trial of matters that are on foot.
Can you go to prison for contempt?
Yes. The penalties can include a fine or imprisonment, particularly for a deliberate or continuing contempt such as defying a court order.
Is contempt the same as breaching a suppression order?
They overlap but are not the same. Breaching a suppression order is a specific offence, while contempt is a broader power. The same publication can be both a breach of the order and a contempt, though a person is not punished twice for the one act.
To speak to a criminal defence lawyer, call Aaron Kernaghan on 0421 717 019.
This article is written by Aaron Kernaghan, criminal defence lawyer at Good Legal Lawyers, as at 3 September 2026. It is commentary and reflects the personal opinion of the author only. It is not legal advice, it is not a substitute for advice on your own matter, and it does not purport to be accurate or complete. Any matter referred to may be before the court and any person charged is presumed innocent. For advice on a specific matter, contact Aaron Kernaghan on 0421 717 019 or contact the firm.
More criminal-law commentary by Aaron Kernaghan.