Bradshaw v Attorney-General for the State of Queensland

In Bradshaw v Attorney-General for the State of Queensland, the Court of Appeal considered whether orders made by a District Court judge fining the applicant, James Todd Bradshaw, for contempt of court should be made absolute. Bradshaw, a defence counsel, had been found to have wilfully insulted the judge during a criminal trial. The Court of Appeal was asked to decide whether the words used by Bradshaw constituted a wilful insult and whether the judge's failure to offer Bradshaw an adjournment before requiring him to answer the charge breached the rules of procedural fairness.

The Court of Appeal found that Bradshaw's conduct was indeed wilfully insulting. However, the Court determined that the judge's failure to offer Bradshaw an adjournment before requiring him to answer the charge did breach the rules of procedural fairness. The Court held that although the judge was not bound to adjourn the proceedings, the circumstances did not provide Bradshaw with a fair opportunity to defend himself. The Court of Appeal set aside the orders made by the District Court judge and made no further orders, including no order as to costs.