Contumacious conduct need not be pleaded as an element of criminal contempt for breach of court orders; it is a circumstance of aggravation relevant to penalty, provided the alleged contemnor is put on notice that contumacy is alleged. Contempt proceedings cannot be characterised as criminal for all purposes; a corporate defendant that cannot claim the privilege against self-incrimination may be ordered to give discovery in contempt proceedings brought under the civil rules. The decisions in X7 v Australian Crime Commission and Lee v The Queen, concerning compulsory examination powers, do not bear upon the question whether contumacy must be pleaded in contempt charges.
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