Some judicial powers
9.1In chapter 5 of Issues Paper 29, we looked at, and made provisional proposals in respect of, two judicial powers:
- the statutory ability to find someone in contempt of court; and
- the jurisdiction to make a “wasted costs” order against counsel personally.
9.2While the first of these attracted little comment, the latter proved to be one of the more controversial aspects of Issues Paper 29. Accordingly, the majority of this chapter is devoted to “wasted costs” orders, although we first deal briefly with (what we call) “statutory contempt”.