Last Updated October 24, 2023
What is a Cease and Desist Letter?
A Cease and Desist Letter is a document requesting a person or organization to stop a specific action and to not do it again in the future. The letter usually states that if the party fails to comply, they may face legal action.
A Cease and Desist Letter is also known as a cease and desist notice.
Who can send a Cease and Desist Letter?
Anyone can send a Cease and Desist Letter. However, it may be a good idea to have a lawyer review the letter before delivering it in case the situation ends up in court. The letter also makes it more difficult for the recipient to claim ignorance of any wrongdoing.
How do I write a Cease and Desist Letter?
Provide personal information for both you and the recipient, including:
- Name
- The type of party (an individual or company)
- The city and address
- Postcode
2. Determine the type of letter
LawDepot’s Cease and Desist Letter template allows you to create four types of letters.
Collection letter
Use a Debt Collection letter to stop debt collectors from inappropriately harassing you.
Debt collectors sometimes use aggressive practices with debtors, such as threatening language or constant calls at odd hours.
You can use a Cease and Desist Letter to request that a debt collector only contact you in writing or through your legal advisor if you believe they’re harassing you. You can also state in the letter that you don’t want them to contact you at your place of employment.
The debt is considered in dispute if the creditor and debtor don’t agree on the debt’s existence or amount.
Copyright Infringement letter
Use a Copyright Infringement letter to demand that an individual or organization stop infringing on the intellectual rights of your copyrighted work.
Copyright infringement is when an unauthorized party reproduces, plagiarizes, performs, or publicly displays copyrighted work without the copyright owner’s permission.
Provide the name of your original work, when and where it was published, and the infringing work's name in your Cease and Desist Letter. It also helps to provide examples of direct copying or unfair use of your work.
A copyright holder has exclusive rights to:
- Produce and sell copies of the original work
- Create derivative works (works based on the original)
- Display or perform the work publicly
- Sell or assign the above rights to others
In Australia, copyrights last the lifetime of the creator plus 70 years.
Copyright laws in Australia are governed by the Copyright Act 1968.
Trade Mark letter
Trade Mark infringement is when a person or company uses your trade marked work without your permission.
A trade mark is intellectual property in the form of a word, phrase, logo, or symbol that you have registered and own the exclusive rights to use.
State the name of your trade mark and where the infringement occurred in your Cease and Desist Letter. Provide the trade mark registration number if your trade mark is registered. Otherwise, give the year the work was first used.
Provide as many examples of the trade mark infringement as you can to help the recipient of the letter understand their error and quickly fix the problem.
General letter
Use a General letter to demand that an individual or organization stop an action or behaviour. Examples of unwanted behaviour include:
- Harassment
- Stalking
- Written defamation
- Spoken defamation
- Property, boundary, and neighbourhood disputes
Defamation is an untrue statement presented as a fact that hurts a person or company’s character or reputation.
Written defamation is an untrue statement with a permanent record, such as writing or a web post, while spoken defamation is an untrue statement that does not have a permanent record, such as a spoken false statement.
LawDepot’s Cease and Desist Letter template allows you to notify the recipient of your intent to record future telephone conversations and keep a log of any contact with the recipient after they receive the letter. You can also inform the party that you intend to file suit if they don’t meet your demands.
It‘s legal to record a telephone conversation in Australia as long as you get consent from the other parties participating in the call. However, the laws regarding phone recording without consent vary from state to state.
3. Date your letter
The final step in LawDepot's Cease and Desist Letter questionnaire allows you to date your letter. Provide a specific date if you wish to include one, otherwise select the "unsure" option.
Dating your Cease and Desist Letter reduces the chance of confusion regarding the dispute's timeline of events.
How do I deliver a Cease and Desist Letter in Australia?
There are many ways to deliver a Cease and Desist Letter. Keep a record of the method you choose so you can prove the letter was likely received.
If possible, you should use registered mail to ensure that the recipient receives the Cease and Desist Letter. It may take longer to get a response from the recipient, but it’s a secure method that allows you to track the delivery process.
You can also use a process server to deliver the letter in person for a fee if you need it delivered fast and the recipient is in the same location. The process server will provide an affidavit of service or its equivalent upon delivery.
A Cease and Desist Letter can also be sent through email.
Is a Cease and Desist Letter enforceable in Australia?
A Cease and Desist Letter isn’t legally enforceable because it isn't court-ordered. Therefore, the recipient doesn't have to comply with the demands of the letter. However, it can act as a firm warning to the other party that you are taking the matter seriously.
A Cease and Desist Letter is different from a cease and desist order, which is an order with legal power given by a judge to stop illegal activity.
