Before a Local Court magistrate exercises the power under s 24(4) of the Local Court Act 2007 (NSW) to refer a matter of contempt to the Supreme Court, the magistrate must inform the proposed contemnor of the available options (summary disposal or referral) and invite submissions on which course should be adopted. The opportunity to obtain legal advice must also be afforded. A failure to do so renders the referral invalid and the subsequent Supreme Court proceedings a nullity. The characterisation of the referral power as 'ministerial' does not exclude this obligation.
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