Last updated 2 October 2026 · Reviewed by the Claim Done team · Not legal advice

How to Write a Cease and Desist Letter in Australia

A cease and desist letter is a formal legal document demanding that someone immediately stop a specific unlawful or harmful activity. Unlike a letter of demand (which seeks money), a cease and desist letter demands a change in behaviour. Getting the tone, legal basis, and structure right determines whether it is taken seriously.

What a cease and desist letter is used

• Defamation — false statements being made about you online, in print, or verbally
• Harassment — persistent unwanted contact, workplace harassment, cyberbullying
• Intellectual property infringement — unauthorised use of your copyright, trademark, or design
• Breach of non-compete or confidentiality agreement
• Nuisance or trespass
• Any conduct that must stop immediately to prevent ongoing harm

What must a cease and desist letter include?

1. Your identity — full name or business name and contact details
2. The recipient’s identity — full name and address
3. A clear description of the conduct — specific facts, dates, and what exactly must stop
4. The legal basis — which law has been or is being breached
5. The demand — exactly what you are requiring the person to do or stop doing
6. A deadline — typically 7–14 days
7. Consequences if ignored — what legal action you will take
8. Your signature

The legal basis for different types of conduct

• Defamation: the uniform defamation laws (Defamation Act 2005 in each state, Defamation Act 2006 in the Northern Territory, Civil Law (Wrongs) Act 2002 in the Australian Capital Territory) — the matter must be published to a third party, identify you, carry a defamatory meaning and cause, or be likely to cause, serious harm to your reputation (for a company, serious financial loss; most companies with 10 or more employees cannot sue); truth is a defence for the publisher to prove
• Copyright infringement: Copyright Act 1968 (Cth) — cite the specific work and the right being infringed (reproduction, communication, etc.)
• Trademark infringement: Trade Marks Act 1995 (Cth)
• Harassment: state criminal law (e.g. Crimes Act 1900 (NSW), Crimes Act 1958 (Vic) s 21A), intervention orders (e.g. Personal Safety Intervention Orders Act 2010 (Vic)), or the Criminal Code Act 1995 (Cth) s 474.17 for using a phone or the internet to menace, harass or cause offence
• Breach of contract (non-compete, NDA): the specific contract terms and equitable relief principles

Tone and language

A cease and desist letter should be firm, factual, and professional. Avoid:

• Emotional language (“you are a liar and a thief”)
• Threats of criminal action where only civil action is available
• Exaggerated or unprovable claims — these undermine your credibility
• Sarcasm or insults

The goal is to put the recipient on formal legal notice, not to win an argument.

How to deliver a cease and desist letter

Send by email (with read receipt) and, for important matters, also by registered post. For business recipients, address it to the company and the individual director or employee responsible for the conduct.

What happens if they ignore it?

• Defamation: in most jurisdictions a concerns notice must be given before defamation proceedings can start (Claim Done drafts one)
• Copyright/IP infringement: apply to the Federal Court
• Harassment: apply for a protection order or apprehended violence order through the Local Court or Magistrates Court
• Breach of NDA / non-compete: apply for an injunction in the Supreme Court

Get a cease and desist letter drafted and sent

Claim Done’s Programmatic Algorithms generate a professionally formatted cease and desist letter citing the correct Australian legislation, based on your description of the conduct — and deliver it to the respondent by email. Start now.