5.1It is fundamental to the administration of justice and the rule of law that court judgments and orders will be enforced against anyone who fails or refuses to comply with them. The absence of an effective and efficient enforcement regime would ultimately lead to anarchy, with unsuccessful parties simply disregarding a judgment or order against them.
Effective administration of justice under our constitution requires that the orders of the courts are obeyed unless properly challenged or set aside. Public confidence in the administration of the law, also necessary for its effective administration, requires that there is a strong expectation that those who ignore court orders are quickly brought to account.
5.4In this chapter we consider whether a new statutory regime should be enacted to respond to non-compliance with court orders.