How to respond to a protection from harassment application

You will still need to attend the scheduled CMC.

If both parties manage to reach a settlement, the claimant may apply to withdraw the claim. Alternatively, either party may apply for a consent order to be issued.

If the dispute is not settled by the date of the CMC, you must attend the scheduled CMC.

If you do not agree with the claim that has been filed against you, you may dispute the claim. You need to file a response within 14 days of receiving the Notice of CMC.

Key facts

Refer to the key facts on how to file and serve a response under the simplified proceedings.

What you will need

You will need to provide the following information:

• Claim number.
• Details of your response to each of the incidents listed in CJTS.
• (If any) A soft copy of any evidence in support of your response, as PDF files.
  • These must be prepared in the required format.

How to file and serve a response (simplified proceedings)

You will need to follow these steps to file and serve a response.

1. File your response

Log in to CJTS. Under the Online Applications page, select Response and follow the instructions. For detailed instructions, refer to the CJTS user guide for protection from harassment claims (PDF, 3366 KB).

2. Serve your response on the other party

Print and serve a copy of your response and all your evidence submitted to the claimant within 14 days after the date you were served with the Notice of CMC.

You can serve in one or more of the following ways if you know the party’s proper address:

• Leave with that person a copy of the document.
• Post a copy of the document on the front door of that person's proper address.
• Send a copy of that document by registered post to that person's proper address.

Note:

• If you wish to serve in other ways, you must file an application to the court.
• If you do not know the party’s proper address, the court may direct you to serve in other ways, according to Rule 69 of the Supreme Court of Judicature (Protection from Harassment) Rules. Examples include sending an electronic communication of the document to the party’s email address or social media account, where applicable.

If you also have an eligible claim against the claimant, you may file a counterclaim against the claimant in the same claim.

The requirements and fees of filing a counterclaim are the same as filing a claim. You will need to take a pre-filing assessment and serve the claim on the other party.

How to file a counterclaim (simplified proceedings)

Log in to CJTS. Under the Online Applications tab, select PHC, then select Counterclaim Form and follow the instructions.

For detailed instructions, refer to the CJTS user guide for protection from harassment claims (PDF, 3366 KB)

The steps to filing a counterclaim will then follow the same process as filing a claim.

You will still need to attend the scheduled PTC (for matters commenced before 1 April 2022) or CC (for matters commenced on or after 1 April 2022).

Key facts

Refer to the following if you choose to file a response under the standard proceedings.

What to prepare

You need to file one of the following documents, depending on what the applicant is applying for:

• If the applicant is applying for a protection order: Form 3 of the Supreme Court of Judicature (Protection from Harassment) Rules.
• If the applicant is applying for a false statement order: Form 10 of the Supreme Court of Judicature (Protection from Harassment) Rules.

Note: Before you file, you need to swear or affirm the affidavit before a Commissioner for Oaths (CFO). This will cost at least $10 at the State Courts Service Hub, with additional fees for exhibits.

If you are submitting evidence to support your case, these must be prepared in the required format.

How to file and serve a response (standard proceedings)

You may choose to file personally or through a lawyer. If you are represented by a lawyer, the application will be filed by your lawyer.

If you are not represented by a lawyer, follow these steps to file and serve your response.

1. File your response

When: within 14 days after being served the Originating Application

You must file your prepared document through eLitigation within 14 days after the date the Originating Summons (for matters commenced before 1 April 2022) or Originating Application (for matters commenced on or after 1 April 2022) was served on you. Visit the LawNet & CrimsonLogic Service Bureau to file in person.

2. Serve your response on the other party

After filing, you must serve your response on the other party (the applicant).

You can serve in one or more of the following ways if you know the party’s proper address:

• Leave with that person a copy of the document.
• Post a copy of the document on the front door of that person's proper address.
• Send a copy of that document by registered post to that person's proper address.

Note:

• If you wish to serve in other ways, you must file an application to the court.
• If you do not know the party’s proper address, the court may direct you to serve in other ways, according to Rule 69 of the Supreme Court of Judicature (Protection from Harassment) Rules. Examples include sending an electronic communication of the document to the party’s email address or social media account, where applicable.

• The Protection from Harassment Act.
• Supreme Court of Judicature (Protection from Harassment) Rules.
• Appendix B of the Rules of Court (for matters commenced before 1 April 2022).
• Fourth Schedule of the Rules of Court 2021 (for matters commenced on or after 1 April 2022).