Contempt

Overview of "Contempt" by David Rolph

Key Themes:

• Australian Law of Contempt: The book provides a comprehensive treatment of the Australian law of contempt of court, covering all forms of contempt, including civil contempt, sub judice contempt, contempt in the face of the court, scandalizing the court, and interference with the administration of justice.
• Distinction between Civil and Criminal Contempt: The book examines the difficult issue of distinguishing between civil and criminal contempt, which is a critical aspect of the law of contempt.
• Procedure and Penalties: It analyzes the procedure and penalties for contempt of court, including the contempt powers of various courts and tribunals.
• Open Justice Principle: The book discusses the principle of open justice, which is relevant not only to the law of contempt but also informs the courts’ approach to making suppression and non-publication orders.

Plot Summary: The book is structured to provide a rigorous but accessible exposition of the fundamental principles of the Australian law of contempt. It covers a wide range of topics, including:

• Forms of Contempt: The book considers all forms of contempt, detailing the different categories and their implications.
• Contempt Powers of Courts: It examines not only contempt of superior courts of record but also the contempt powers of inferior courts and tribunals.
• Procedure and Penalties: The book delves into the procedural aspects of the law of contempt, including the process of dealing with allegations of contempt and the penalties associated with it.

Critical Reception:

• Comprehensive Treatment: The book is hailed as the first comprehensive treatment of the Australian law of contempt, providing a meaningful taxonomy that helps to classify and understand this complex area of law.
• Practical Utility: The book is praised for its practical utility, as it addresses immediate needs and provides clear answers to complex questions that arise in the application of the law of contempt.
• Extensive Reference: Professor Rolph’s work is noted for its extensive reference to both Australian and overseas authority, making it a valuable resource for practitioners and judges.

Overall, "Contempt" by David Rolph is a seminal work that provides a detailed and accessible understanding of the Australian law of contempt, making it essential reading for all practitioners involved in litigation.