By Karen Devey – Lawyer
What happens if you ignore Court orders in family law proceedings and are found to be in contempt of Court?
In family law proceedings, the Court may make orders restraining a party from doing certain things, such as withdrawing or transferring money from a bank account, or removing a child from their school.
When a party to the proceedings does not comply with Court orders or does something which demonstrates complete disregard for the terms of the orders, this can have serious legal implications.
In the recent decision of Polak & Polak (No 3) [2025] FedCFamC1F 275 (Polak), the Court examined a husband’s multiple breaches of orders and ultimately found him to be in contempt of Court. As a result, he was sentenced to 6 months’ imprisonment and a good behaviour bond.
What is Contempt of Court?
Contempt is a flagrant challenge to, or disregard of the authority of the Court. In family law proceedings, the offending conduct does not necessarily need to constitute a breach of an order made under the Family Law Act 1975 (Cth) (Act), although it does usually meet that threshold.
Contempt proceedings are criminal in nature, and the standard of proof applicable is beyond a reasonable doubt.
What are the consequences of Contempt?
The Court has the power to punish for contempt under section 45 of the Federal Circuit and Family Court of Australia Act 2021 (Cth) and Part XIIIB of the Act.
The Court may make an order for:
- Punishment:
- Where a person is in contempt, the Court can punish the offending person by imposing a period of imprisonment, a fine, or both.
- Where a corporation is in contempt, the Court can punish by sequestration (an order declaring the corporation bankrupt), a fine, or both.
- Suspension of punishment.
- Security for good behaviour.
Punishment for contempt is intended to meet the dual purpose of enforcement and vindication. The appropriate punishment will depend on the individual circumstances of each case.
As expressed in Polak, imprisonment is the punishment of final resort, and whatever punishment is imposed must be proportionate to the conduct and take into account the personal characteristics and culpability of the party who is found to be in contempt of Court.
Why was the husband sentenced to prison in the matter of Polak?
In the matter of Polak, the husband did not comply with various interim property orders made in late 2024.
The interim property orders restrained the husband from using various bank accounts. In breach of those orders, the husband made a series of payments from the bank accounts totalling $48,220.
The Judge found that the husband’s conduct reflected a complete and ongoing disregard for the authority of the Court.
After pleading guilty to the charges, the husband relied on medical evidence that he suffered from depression and suicidal thoughts, to try to soften his culpability. However, the Judge found the evidence did not go to the severity of his condition or the impact that his mental health had on his conduct.
The Judge considered the appropriate penalty for each charge separately. For some of the charges, the Court determined that a term of imprisonment was the only appropriate sentence in the circumstances. The husband was sentenced to 6 months imprisonment (4 months to be served and 2 months suspended for a period of 18 months), and a good behaviour bond.
What to do if you are having difficulty understanding or complying with your obligations to the Court?
Understanding your obligations under Court orders can be difficult, and the consequences of non-compliance can be very serious. If you have Court orders in your family law matter and would like expert advice about what you can and cannot do, please contact us on (03) 8762 5222 to make an appointment with one of our experienced family lawyers.
