Costs orders made in VCAT contempt proceedings are separate from fines under s 137(5) of the VCAT Act and do not count towards the statutory maximum fine. Where contemnors are well-resourced and have treated compliance with tribunal orders as optional, imprisonment may be the only penalty that vindicates the tribunal's authority, and monetary penalties alone will not suffice. Post-sentence compliance with the orders that were the subject of contempt does not, without more, throw light on matters underpinning the original sentence so as to warrant resentencing on appeal; the appropriate avenue is an application to the tribunal under s 137(7) of the VCAT Act.
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