Meaning
Court orders must carry clear warnings about the severe consequences of non-compliance if they are to be enforced through contempt proceedings. A penal notice is a mandatory warning endorsed on the front of a court order, stating that disobedience can lead to imprisonment or fines. It ensures that the recipient is fully aware of the personal risk of failing to comply with the court’s direction.
Without this explicit warning, the order cannot be enforced through committal proceedings.
Warning Requirement
The wording of this warning must be highly specific and prominent. To enforce an injunction, the penal notice must be written in bold text and clearly visible on the copy served. The court will refuse to punish a breach if this formal requirement is neglected.
Contempt Application
Violating an order with such a warning allows the applicant to seek a committal order. When a penal notice is ignored, the creditor can file an application to have the debtor declared in contempt of court. This is a criminal-standard proceeding requiring proof beyond a reasonable doubt.
Judicial Discretion
The court maintains the ultimate power to waive the requirement in exceptional circumstances. Although a penal notice is generally mandatory, a judge can dispense with service if the respondent was present in court when the order was made and clearly understood the consequences of disobedience.