Injunctions are binding court orders designed to restrain conduct or compel action. Whether granted in civil, commercial, family, or environmental matters, injunctions play a vital role in enforcing legal rights and preventing harm. However, failure to comply with an injunction is a serious matter in Australian law. A breach can lead to criminal penalties, civil damages, and a finding of contempt of court, among other consequences.

Understanding the potential repercussions of breaching an injunction and the courts’ discretionary powers in dealing with such breaches is critical for both individuals and businesses.

Primary Consequences of Breaching an Injunction

  1. Criminal Penalties

In some cases, breaching an injunction constitutes a criminal offence and may result in imprisonment. 

  1. Civil Remedies

Where criminal charges are not pursued, the breach of an injunction can result in civil consequences, including damages where the breaching party has caused loss or damage, or further orders such as suspending a building licence as a consequence of non-compliance.

  1. Contempt of Court

The most serious legal implication of breaching an injunction is the possibility of being held in contempt of court. This occurs when a person knowingly disobeys a court order and does so in a manner that undermines the authority or dignity of the court.

Contempt proceedings can result in imprisonment, fines, or other coercive orders. Notably, this power exists independently of any statutory penalties. The courts treat contempt as an affront to the administration of justice, and penalties are imposed to preserve public confidence in the legal system.

Factors Considered by the Court

When determining the consequences of a breach, Australian courts assess a range of factors, including:

  • The person’s past conduct, especially any prior breaches or similar offences
  • The seriousness of harm caused or likely to be caused by the breach
  • Whether the breach was deliberate, accidental, or based on a misunderstanding
  • The likelihood of ongoing non-compliance or future breaches
  • Imminent danger or risk of substantial damage to others.

Even threatened or apprehended breaches can justify judicial intervention under the court’s inherent powers. The term “breach” does not require actual harm to have occurred; an intention or plan to disregard the injunction may suffice.

Final Thoughts

The breach of an injunction is never a matter to be taken lightly. Whether through criminal charges, financial penalties, or contempt proceedings, the courts possess significant authority to enforce their orders. Any person subject to an injunction must ensure strict compliance or seek legal advice immediately if unclear about the order’s scope or effect.

If you have any questions, feel free to contact Damin Murdock at Leo Lawyers via our website, on (02) 8201 0051 or at office@leolawyers.com.au. Further, if you liked this article, please subscribe to our newsletter via our Website, and subscribe to our YouTube, LinkedIn, Facebook and Instagram. If you liked this article or video, please also give us a favourable Google Review.

DISCLAIMER: This is not legal advice and is general information only. You should not rely upon the information contained in this article, and if you require specific legal advice, please contact us.

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Damin Murdock (J.D | LL.M | BACS - Finance) is a seasoned commercial lawyer with over 17 years of experience, recognised as a trusted legal advisor and courtroom advocate who has built a formidable reputation for delivering strategic legal solutions across corporate, commercial, construction, and technology law. He has held senior leadership positions, including director of a national Australian law firm, principal lawyer of MurdockCheng Legal Practice, and Chief Legal Officer of Lawpath, Australia's largest legal technology platform. Throughout his career, Damin has personally advised more than 2,000 startups and SMEs, earning over 300 five-star reviews from satisfied clients who value his clear communication, commercial pragmatism, and in-depth legal knowledge. As an established legal thought leader, he has hosted over 100 webinars and legal videos that have attracted tens of thousands of views, reinforcing his trusted authority in both legal and business communities."