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Before you file: understand the remedies

For persons who have experienced harassment, stalking, cyberbullying or other undesirable acts that cause alarm or distress, there are different avenues to deal with the case under the Protection from Harassment Act 2014.

The following table summarises the different remedies, the possible outcomes and the appropriate court to seek such remedies. 

(Note: Scroll within the table to see more.)

Nature of the outcome

Possible outcomes

Avenues to consider

Criminal

The harasser may be punished through a jail term or a fine, or both.

Civil (monetary)

The harasser may be ordered to compensate the victim.

File in the Protection from Harassment Court only+:

Civil (non-monetary)

The harasser may be ordered by the court to:

  • Stop the harassing behaviour.
  • Undergo psychiatric treatment.
  • Stop spreading a false statement of fact.
  • Comply with other related civil law remedies.

The court may also order an internet intermediary or other platform owners to stop the spread of a false statement of fact.

Have the application heard in the Protection from Harassment Court 

Have the application heard in the Family Court

  • File your application in the Family Court only when:
    • there is a pending related proceeding* in the Family Court and
    • the Family Court has given permission to commence the application on the Family Court.**
  • If you already have a pending case in the Protection from Harassment Court for civil (non-monetary) relief only, you may apply for the matter to be transferred to the Family Court.***

 

+The Family Court can only hear civil (non-monetary) cases specified in Part 3 of the Protection from Harassment Act 2024.

*Section 16I(6) of the Protection from Harassment Act 2014 provides that the proceedings are related when (a) both proceedings involve any common issue of law or fact, or (b) the rights to relief claimed in both proceedings are in respect of the same conduct or course of conduct. Please seek independent legal advise if you are unsure whether your application can be filed in the Family Court.

**If your application may be heard in the Family Court in the first instance, you will first need to file an application for permission to commence the application in the Family Court. Please refer to Rule 4 of the Family Justice (Protection from Harassment) Rules 2024.

***A civil (non-monetary) claim may be initially commenced in the Protection from Harassment Court and subsequently transferred to the Family Court. Section 16J(3) of the Protection from Harassment Act 2014 provides that the Protection from Harassment Court may, on the application of a party or on the Court’s initiative, transfer such proceedings to a Family Court in which any related family proceeding is pending. If you are unsure whether your application can be transferred from the Protection from Harassment Court to the Family Court, please seek independent legal advice.

About the Protection from Harassment Court

The Protection from Harassment Court (PHC) hears matters related to harassment, stalking, cyberbullying and other undesirable behaviours that cause (or are likely to cause) harassment, alarm or distress. Find out about the types of cases the PHC can hear.

Ways to start in the Protection from Harassment Court: simplified or standard proceedings

There are 2 types of proceedings in the PHC – simplified or standard. Refer to the following table for the differences.

(Note: Scroll within the table to see more.)

 

Simplified proceedings

Standard proceedings

When it applies

If the claim is:

  • Against up to 5 respondents.
  • By only 1 claimant.
  • Filed within 2 years of the event which creates the cause of action.
  • (If there is a claim for compensation) For a claim amount of $20,000 or less.

Except where the court orders that the claim be discontinued and refiled under the standard proceedings.

In all other cases outside the scope of simplified proceedings.

Estimated fees

Lower filing fees than the standard proceedings.

For example, it costs at least $30 to start a claim.

Filing fees are determined by the Rules of Court.

For example, it costs at least $110 to start an application.

 

Court proceedings

 

Simplified proceedings are conducted in a more informal manner.

Standard proceedings follow strict rules of evidence and are more formal.

How to file

Through the Community Justice and Tribunals System (CJTS). Find out how to file through CJTS.

Through eLitigation. If you are not represented by a lawyer, you need to file in person at the LawNet & CrimsonLogic Service Bureau. Find out how to file through eLitigation.

Note: All claims that do not fall under the simplified proceedings must be filed under the standard proceedings.

When the simplified proceedings apply

You can file a claim under the simplified proceedings if your application meets the following limits:

If you are seeking monetary compensation, you can claim up to $20,000 under the simplified proceedings in the PHC.

You must file within 2 years of the event which creates your cause of action for your case. A cause of action is the set of facts which entitles you to start a court action against another party.

Example: A person who received a threatening email from someone else may have a cause of action to file a protection from harassment application, starting from the date the person read the email.

For any other case, the simplified proceedings do not apply.

For your case to follow the simplified proceedings, you must:
  • File the application by yourself, without any co-claimants.
  • File the application against no more than 5 respondents.

Take a pre-filing assessment (Protection from Harassment Court)

Before you file, take an online pre-filing assessment on the Community Justice and Tribunals System (CJTS) to consider if you have a claim and whether it is suitable for the simplified proceedings in the Protection from Harassment Court.

Note: This assessment is not conclusive and is not intended to be legal advice. You may seek legal advice if you are unsure about your case.

Making the application in the Family Court

An application for civil (non-monetary) relief under the Protection from Harassment Act 2014 may be heard in the Family Court in one of the following ways:

(1)   The application is commenced in the Family Court after permission is given by the Family Court or

(2)   The application is transferred to the Family Court from the Protection from Harassment Court

Commencing an application in the Family Court

Generally, an application under the Protection from Harassment Act 2014 cannot be commenced in the Family Court.

Section 16I(2)(c) of the Protection from Harassment Act 2014 provides that civil (non-monetary) claims can only be brought in the Family Court only when there is a pending related proceeding in the Family Court.

Section 16I(6) of the Protection from Harassment Act 2014 provides that proceedings are related when (a) both proceedings involve any common issue of law or fact, or (b) the rights to relief claimed in both of those proceedings are in respect of the same conduct or course of conduct.

If you are unsure whether your application can be heard in the Family Court, please seek independent legal advice.

If your application may be heard in the Family Court, you will first need to file an application for permission to commence the application in the Family Court. Please refer to Rule 4 of the Family Justice (Protection from Harassment) Rules 2024.

Transferring an application from the Protection from Harassment Court

A civil (non-monetary) claim may be initially commenced in the Protection from Harassment Court and subsequently transferred to the Family Court.

Section 16J(3) of the Protection from Harassment Act 2014 provides that the Protection from Harassment Court may, on the application of a party or on the Court’s initiative, transfer such proceedings to a Family Court in which any related family proceeding is pending.

If you are unsure whether your application can be transferred from the Protection from Harassment Court to the Family Court, please seek independent legal advice.

Applicable System

All applications under the Protection from Harassment Act 2014 in the Family Court use the eLitigation system. If you are not represented by a lawyer, you need to file in person at the LawNet & CrimsonLogic Service Bureau. Find out how to file through eLitigation.


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