What to Do If You Receive a Cease and Desist Letter in Australia

A cease and desist letter lands in your inbox or letterbox. Someone is accusing you of defamation, copyright infringement, harassment, or breaching a contract — and demanding you stop immediately.

Before you panic, comply, or ignore it, understand what you are dealing with. Not every cease and desist is valid. Not every claim has legal merit.

What is a cease and desist letter?

A cease and desist letter is a formal written demand to stop specific conduct the sender believes is unlawful or harmful. It is not a court order. It is not legally binding. It is a warning — often the first step before legal proceedings.

Common reasons you might receive one:

• Defamation — someone claims you made false statements that damaged their reputation
• Intellectual property infringement — alleged unauthorised use of copyright, trademarks, or patents
• Harassment or stalking — repeated unwanted contact, online or offline
• Breach of contract — violation of a non-compete, confidentiality agreement, or service contract
• Trespass or nuisance — physical or digital intrusion onto property or systems

The letter will typically identify the conduct, cite the applicable law, and demand you stop within a specified timeframe — often 7 to 14 days.

Do not ignore it

Ignoring a cease and desist does not make it go away. If the claim has merit and you do nothing, the sender may:

• File a statement of claim in court
• Apply for an injunction to stop you immediately
• Seek damages for ongoing harm
• Report the matter to police (if criminal conduct is alleged)

Even if you believe the claim is baseless, silence can be interpreted as admission or indifference.

Read it carefully and verify the sender

Check the following:

Who sent it? A lawyer’s letterhead carries more weight than an unsigned email from a personal Gmail account. If it comes from a law firm, the sender has likely sought legal advice and may be prepared to escalate.

What law do they cite? Legitimate cease and desist letters reference specific legislation. Vague threats without legal basis are less credible.

What evidence do they provide? Screenshots, links, dates, witnesses, contracts — the more specific the claim, the more seriously you should take it.

What do they want? Remove a post? Stop using a logo? Delete a review? Pay compensation? The demand should be clear and actionable.

If the letter is vague, threatening, or makes no legal sense, it may be a scare tactic. If it is detailed and cites real harm with supporting evidence, you need to respond properly.

Assess whether the claim has merit

Just because someone says you defamed them or infringed their copyright does not mean you did. Australian law has defences, thresholds, and procedural requirements that must be met.

Defamation claims

To succeed in a defamation claim, the person must typically prove:

• The statement was published to a third party
• It identified them (directly or by implication)
• It carried a defamatory imputation — lowered their reputation in the eyes of ordinary people

You may have a defence if:

• The statement was true (justification)
• It was honest opinion based on proper material
• It was privileged — made in Parliament, court, or a fair report of public proceedings
• The publication was trivial and caused no serious harm

If you posted a factual review, expressed a genuinely held opinion, or the person suing you is a large corporation (which faces a higher bar), the claim may not succeed.

Copyright infringement

Copyright protects original works — writing, photos, music, software, artistic works. To infringe, you must have:

• Reproduced a substantial part of the work
• Without permission or a statutory licence

You may have a defence if:

• You used it for fair dealing — criticism, review, news reporting, research, parody
• The work is in the public domain (copyright expired)
• You had an implied licence to use it

If you took your own photo, wrote your own text, or used a royalty-free image with proper attribution, there is no infringement.

Harassment or stalking

Harassment laws vary by state, but generally require:

• A course of conduct (repeated acts, not a one-off message)
• Intended to cause distress or fear
• Without lawful excuse

Sending one email, leaving one review, or making one phone call is not harassment. Legitimate business communication, factual reporting, or lawful protest is not harassment.

Breach of contract

If the letter alleges you breached a contract — non-compete, NDA, service agreement — check:

• Does the contract exist and is it signed by both parties?
• Are the terms clear and enforceable under Australian law?
• Did you actually breach it, or is the sender interpreting it unreasonably?

Some non-compete clauses are unenforceable if they are too broad, too long, or not reasonably necessary to protect legitimate business interests.

Decide whether to comply, negotiate, or push back

You have three options.

Option 1: Comply

If the claim is valid, the conduct was genuinely harmful, and stopping costs you nothing, compliance may be the fastest way to resolve it.

Examples:

• You accidentally used someone’s copyrighted photo — remove it and apologise
• You posted a review based on incorrect information — delete or amend it
• You are in breach of a signed NDA — stop the conduct and confirm in writing

Compliance does not mean admitting liability. You can agree to stop without accepting that you did anything wrong.

Option 2: Negotiate

If the demand is partially valid but excessive, propose a middle ground:

• Offer to remove the content but not pay compensation
• Agree to stop using a similar business name in exchange for a mutual release
• Propose a confidential settlement to avoid public dispute

Negotiation works when both parties want to avoid court, and the cost of fighting exceeds the value of the dispute.

Option 3: Push back with a formal response

If the claim is baseless, the sender is overreaching, or you have a strong defence, respond formally with a legal response letter.

Your response should:

• Acknowledge receipt of the cease and desist
• Deny the allegations and explain why (citing the relevant defences)
• State your position clearly — you will not comply and you are prepared to defend the matter in court if necessary
• Warn the sender that continuing with baseless threats may constitute abuse of process or vexatious litigation

Do not be emotional. Do not threaten. Do not admit anything. State the facts and the law.

When to get legal advice

You should speak to a qualified Australian lawyer if:

• The claim involves significant financial exposure (damages, lost business, legal costs)
• The sender is a large company or well-resourced individual with a legal team
• The matter involves complex IP, defamation, or contract law
• You are at risk of an injunction that could shut down your business or website
• The conduct alleged is criminal (stalking, fraud, blackmail)

For straightforward matters — a single social media post, a disputed review, a minor contract disagreement — you may not need a lawyer.

How Claim Done helps if you have received a cease and desist

If you have received a cease and desist letter and need to respond formally, Claim Done prepares a Legal Response for $97.

Upload the cease and desist letter and any supporting evidence. Our Proprietary AI Engine analyses the claim, identifies the applicable defences, and drafts a legally structured response.

You receive a professional document ready to send, without paying hourly legal fees or waiting weeks for a lawyer’s availability.

ClaimDone does not provide legal advice. For high-stakes disputes, complex litigation, or matters involving significant damages, consult a qualified lawyer. But for straightforward responses to cease and desist letters, Claim Done delivers fast, affordable, and legally sound documents.

Final checklist: What to do when you receive a cease and desist

• Do not ignore it — silence can escalate the dispute
• Read it carefully — identify the sender, the claim, the law cited, and the demand
• Verify the facts — is the claim true? Do you have a defence?
• Assess the risk — what happens if you comply? What happens if you fight?
• Respond strategically — comply, negotiate, or push back with a formal legal response
• Keep records — save all correspondence, evidence, and timelines
• Get help if needed — use Claim Done for straightforward responses, or consult a lawyer for complex matters

Most disputes settle before court. Many claims are overstated or legally weak. The key is responding intelligently, not emotionally — and making sure your response is backed by the law. If you need to prepare a formal legal response, Claim Done delivers it in 48 hours for $97.

Frequently Asked Questions

Is a cease and desist letter legally binding?

No. A cease and desist letter is a formal demand, not a court order. You are not legally required to comply, but ignoring it may lead to court proceedings, injunctions, or damages claims if the underlying conduct is unlawful.

What happens if I ignore a cease and desist letter?

If the claim has merit and you do nothing, the sender may file a statement of claim, apply for an injunction, or seek damages. Ignoring it does not make it go away — it may escalate the dispute and weaken your position in court.

Can I be sued for defamation if I posted a negative review?

Possibly, but you may have defences. Truth, honest opinion, and triviality are valid defences under Australian defamation law. If your review was factual, based on your genuine experience, and caused no serious harm, it may not be defamatory.

Do I need a lawyer to respond to a cease and desist letter?

Not always. For straightforward matters — a single post, a disputed review, a minor contract issue — a formal legal response may be sufficient. For complex disputes, high-value claims, or matters involving injunctions, consult a qualified lawyer.

How much does it cost to respond to a cease and desist letter?

A lawyer may charge $500 to $2,000 or more for a response letter. Claim Done prepares a legally structured Legal Response for $97 — fast, fixed fee, no hourly billing.