Cease and Desist Ignored: What Are Your Next Legal Steps in Australia?

You sent a cease and desist letter. The recipient read it, possibly laughed, and kept doing exactly what you told them to stop. Now what?

A cease and desist letter is not legally binding. It is a formal warning. When ignored, you move to the next level: tribunal proceedings, injunction applications, or court action, depending on what harm you are trying to stop.

Why people ignore cease and desist letters

They think you will not follow through. Most recipients assume the sender will not escalate.

They dispute the legal basis. They may believe your claim has no merit, or that their conduct is lawful.

They cannot afford to comply. Removing defamatory content, stopping use of intellectual property, or ceasing a business practice may cost them money or reputation.

They are judgment-proof. Some individuals or businesses have no assets to lose and operate on the edge of insolvency.

Whatever the reason, ignoring a cease and desist does not make your claim go away. It means you need to enforce it through formal legal channels.

What happens next depends on the type of harm

Your escalation path depends on what conduct you are trying to stop and what remedy you need.

Defamation (false statements damaging your reputation)

Tribunal option: Most Australian tribunals do not handle defamation. You will need to file in a court.

Court option: Defamation claims are typically heard in the District Court or Supreme Court, depending on the state and the size of the claim. You can seek an injunction to stop further publication, damages for harm already caused, and a court order requiring the defendant to publish a correction.

Practical reality: Defamation proceedings are expensive and slow. Many claimants settle after filing, using the court action as leverage to force removal of the content and a public apology.

Intellectual property infringement (copyright, trademark, design)

Tribunal option: Not available. IP disputes are heard in the Federal Court or Federal Circuit and Family Court.

Court option: You can apply for an interlocutory injunction to stop the infringing conduct immediately, before trial. If granted, the infringer must stop using your IP while the case proceeds. You can also claim damages or an account of profits.

Practical reality: Injunctions are powerful but require evidence of serious harm and a strong case on the merits. The court will consider whether damages would be adequate, or whether you need the conduct stopped now.

Harassment, stalking, or threatening behaviour

Tribunal option: Not typically available. Harassment matters are usually dealt with through police intervention (Apprehended Violence Orders or restraining orders) or civil claims for intentional harm.

Court option: You can apply for an AVO or restraining order through the local or magistrates court. These orders are enforceable by police and carry criminal penalties for breach.

Practical reality: If the harassment involves workplace conduct, you may also have a claim under workplace health and safety laws or Fair Work protections.

Breach of contract (non-compete, NDA, confidentiality)

Tribunal option: If the contract value is under the tribunal’s monetary limit (typically $10,000 to $25,000 depending on the state), you can file a breach of contract claim in the relevant civil and administrative tribunal.

Court option: For higher-value contracts or where you need an urgent injunction to stop ongoing breaches, file in the District Court or Supreme Court.

Practical reality: Injunctions are commonly granted for NDA breaches and non-compete violations where the harm is ongoing and irreparable. Courts will enforce properly drafted restraint clauses if they are reasonable in scope and duration.

Nuisance, trespass, or property interference

Tribunal option: NCAT (NSW), VCAT (VIC), QCAT (QLD), and other state tribunals can hear property disputes, including nuisance and trespass claims, up to their monetary limits.

Court option: For urgent relief or claims exceeding tribunal limits, file in the local or District Court. You can seek an injunction to stop the conduct and damages for harm caused.

Practical reality: Nuisance and trespass cases often settle quickly once formal proceedings are filed, as the cost of defending the claim exceeds the cost of stopping the conduct.

Filing a tribunal application

If your dispute falls within a tribunal’s jurisdiction, this is usually the fastest and cheapest escalation path.

What you need:

• Completed application form (available on the tribunal’s website)
• Filing fee (typically $50 to $500 depending on the claim amount and state)
• Evidence supporting your claim (the original cease and desist, proof of service, evidence of the ongoing harm)
• A clear statement of the orders you are seeking (stop the conduct, pay compensation, comply with a contract)

What happens next:

The tribunal will list your matter for a directions hearing or preliminary conference. The respondent will be required to file a response. If the matter does not settle, it will proceed to a final hearing where both parties present evidence and the tribunal makes binding orders.

Timeframe: Most tribunal matters are resolved within 3 to 6 months, though urgent applications can be heard sooner.

Applying for an injunction in court

An injunction is a court order requiring someone to stop doing something (prohibitory injunction) or to do something (mandatory injunction).

When to apply:

• The harm is ongoing and urgent
• Damages would not adequately compensate you
• You have a strong case on the merits
• The balance of convenience favours granting the injunction

Types of injunctions:

Interlocutory injunction: Granted before trial to stop the conduct while the case proceeds. Requires an undertaking as to damages (you promise to compensate the defendant if you lose and the injunction caused them harm).

Permanent injunction: Granted at trial as a final remedy, requiring the defendant to stop the conduct permanently.

Ex parte injunction: Granted without notice to the other party in cases of extreme urgency (rare, and usually only lasts until a full hearing can be held).

What you need:

• An originating application or statement of claim filed in the appropriate court
• An affidavit setting out the facts, the harm being caused, and why an injunction is necessary
• Evidence of the ongoing conduct (screenshots, correspondence, witness statements)
• Legal representation (injunction applications are procedurally complex and almost always require a lawyer)

Practical reality: Injunctions are expensive. Expect to spend $5,000 to $20,000 on legal fees for an interlocutory application, depending on the complexity and whether the matter is contested. If you win, you may recover some costs from the other party.

What if the person still does not comply?

If someone breaches a tribunal order or court injunction, you can apply for enforcement.

Tribunal orders: Most tribunals have enforcement mechanisms, including referral to a court for contempt proceedings or registration of the order as a judgment debt.

Court injunctions: Breach of an injunction is contempt of court, a criminal offence punishable by fines or imprisonment. You file a notice of motion for contempt, supported by evidence of the breach. If the court finds contempt, it can impose penalties and make further orders to compel compliance.

Judgment debts: If the order includes a monetary component, you can enforce it through garnishment, seizure of assets, or bankruptcy proceedings.

When to get a lawyer

You can handle tribunal applications yourself, especially with document preparation services. But you should engage a lawyer if:

• You are applying for an injunction in court
• The matter involves complex IP law, defamation, or trade practices
• The other party is legally represented
• The claim value exceeds $50,000
• You need urgent interim relief

A lawyer will assess the strength of your case, advise on the likelihood of success, and represent you in court if necessary.

How ClaimDone helps when your cease and desist is ignored

If someone ignored your cease and desist and you are ready to escalate, ClaimDone prepares tribunal applications for disputes across Australia.

You upload your evidence (the original cease and desist, proof of service, evidence of ongoing harm). Our Proprietary AI Engine drafts a tribunal application citing the applicable law and tailored to your state’s tribunal. You review, approve, and file it yourself with the tribunal. Flat fee, no subscription, prepared in 60 minutes.

ClaimDone does not provide legal advice or represent you in tribunal. We prepare the documents you need to file your own case.

For matters requiring an injunction or court proceedings, we recommend engaging a qualified Australian lawyer.

Escalate with confidence

When a cease and desist is ignored, you have clear legal options: tribunal application for most civil disputes, injunction for urgent harm, or court proceedings for high-value or complex claims.

The key is to act quickly. The longer you wait, the more harm accumulates. Gather your evidence, assess your options, and file.

If you are ready to escalate to tribunal, prepare your tribunal application with ClaimDone today.

Frequently Asked Questions

Can I go straight to court without sending a cease and desist first?

Yes. A cease and desist letter is not a legal requirement before filing court proceedings or a tribunal application. However, sending one first demonstrates that you attempted to resolve the matter without litigation, which courts and tribunals view favourably. It also gives the other party a chance to comply, potentially avoiding the cost and time of formal proceedings.

How long should I wait after sending a cease and desist before escalating?

Most cease and desist letters give the recipient 7 to 14 days to comply. If they ignore the letter or refuse to stop the conduct, you can file tribunal or court proceedings immediately after the deadline expires. Do not wait months — delay can weaken your case and allow further harm to accumulate.

What if the person who ignored my cease and desist has no money?

If the respondent is judgment-proof (no assets, insolvent, or operating a shell company), winning a tribunal or court order may not result in actual payment. However, you can still obtain an injunction to stop the harmful conduct, and the existence of a judgment can prevent them from obtaining credit or operating legitimately in the future. In some cases, bankruptcy or wind-up proceedings may be appropriate.

Can I represent myself in tribunal after someone ignores my cease and desist?

Yes. Australian tribunals are designed for self-representation. You do not need a lawyer to file an application or present your case at a hearing. ClaimDone prepares tribunal applications for disputes across Australia, giving you a professionally drafted document to file yourself. For complex matters or high-value claims, consider engaging a lawyer.

What evidence do I need to prove someone ignored my cease and desist?

You need proof that the cease and desist was served (Australia Post tracking, email delivery receipt, or statutory declaration of personal service) and evidence that the harmful conduct continued after the deadline. This might include screenshots, witness statements, further infringing publications, or correspondence showing the recipient’s refusal to comply.