Administration of Justice (Protection) Act 2016 · 2020 Revised Edition · Part 4 · Defences to Contempt
17. Filing of pleadings and application against judge not contempt
Feedback & supportA person is not guilty of contempt of court under section 3(1)(a) for filing in good faith any action, pleading, application or affidavit in court.
court
“court” means —(a)the Supreme Court;(b)any State Court;(c)any Family Court; or(d)any Youth Court;
Without limiting subsection (1), a person is not guilty of contempt of court in respect of any application he or she may make to seek the disqualification of the judge, on any ground or statement made by him or her in good faith concerning the judge of any court to that court or to —
judge
“judge” means —(a)in the case of the Supreme Court — a Judge and a Registrar as defined in the Supreme Court of Judicature Act 1969;(b)in the case of a State Court — a judicial officer as defined in the State Courts Act 1970 and a Coroner as defined in the Coroners Act 2010;(c)in the case of a Family Court or a Youth Court — a judicial officer as defined in the Family Justice Act 2014;(d)in the case of the Small Claims Tribunals — a tribunal magistrate or the Registrar as defined in section 2(1) of the Small Claims Tribunals Act 1984; or(e)in the case of an Employment Claims Tribunal — a tribunal magistrate as defined in the Employment Claims Act 2016;
any other court with equivalent jurisdiction; or
a superior court.
Without limiting subsection (1), a person is not guilty of contempt of court in respect of any appeal that the person may lodge against a judgment, decree, direction, order or other decision of a judge of any court, on any ground or statement made by him or her in good faith concerning the judge to that court or to —
any other court with equivalent jurisdiction;
a superior court; or
a judge who has supervisory jurisdiction over the equivalent or superior court.