How to Write a Cease and Desist Letter in Australia | Claim Done
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 for
- 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?
- Your identity — full name or business name and contact details
- The recipient’s identity — full name and address
- A clear description of the conduct — specific facts, dates, and what exactly must stop
- The legal basis — which law has been or is being breached
- The demand — exactly what you are requiring the person to do or stop doing
- A deadline — typically 7–14 days
- Consequences if ignored — what legal action you will take
- Your signature
The legal basis for different types of conduct
- Defamation: Defamation Act 2005 (uniform legislation across all states except NT) — a statement must be false, published to a third party, and damaging to your reputation
- 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, Stalking Intervention Orders Act 2008 VIC) or the Telecommunications Act 1997 (Cth) for online/phone harassment
- 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: apply to the Supreme Court for an injunction and damages
- 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 — $97
Claim Done’s AI generates a professionally formatted cease and desist letter citing the correct Australian legislation, based on your description of the conduct — and delivers it to the respondent automatically. Start now — $97.