Szulc v Chief Executive Officer, Department of Environment and Conservation [No 4]

[2012] WASCA 143

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Contempt of court
3. › Civil contempt
4. › Breach of injunction
5. › Whether appellant entitled to adjournment to obtain legal representation
6. › Dietrich principle
7. › Whether appellant established indigence
8. › Whether appellant took reasonable steps to obtain representation
9. › Whether miscarriage of justice
1. Practice and Procedure
2. › Injunctions
3. › Interim injunctions
4. › Orders of superior court
5. › Obligation to comply with order until set aside
6. › Whether order can be disobeyed on ground it was wrongly made

Quick Take

A person seeking to invoke the Dietrich principle must adduce evidence establishing indigence and demonstrating reasonable steps taken to obtain legal representation. A grant of legal aid does not of itself establish indigence for Dietrich purposes. Orders of a superior court must be obeyed until set aside, and cannot be disregarded on the basis that statutory provisions allegedly conflict with the order.