Consent orders are to be construed in the same manner as contracts, applying the Codelfa principles including reference to surrounding circumstances. Where a guilty plea to contempt is entered on the basis of incorrect legal advice about the construction of the orders allegedly breached, and the orders are arguably ambiguous, leave to withdraw the plea should be granted to avoid a miscarriage of justice. The principles of finality of litigation and avoidance of conflicting decisions cannot be invoked where their application would perpetuate a miscarriage of justice. A party aware of grounds for apprehended bias who fails to object during the hearing waives the right to raise the issue on appeal.
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