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.
If you received a Notice of Case Management Conference, Originating Summons (for matters commenced before 1 April 2022) or Originating Application (for matters commenced on or after 1 April 2022) for a protection from harassment case, someone has filed an application against you with the PHC.
This is the process for responding to a protection from harassment application filed against you.
Understand the outcomes and respond
Find out the possible orders the court can make and how you can respond to the application, including how to prepare evidence.
Both parties must attend a court session in which a deputy registrar will attempt to resolve the dispute. If you are not able to settle the case, you need to attend a hearing in which a judge will decide whether to grant the order.
File other applications, if needed
You may appeal against a PHC order that you are not satisfied with, or set aside an order made in your absence if you missed a court session. You may also apply to change an order.
It is not compulsory for individuals to engage a lawyer for protection from harassment applications. However, you may wish to seek independent legal advice on your options as the courts can only assist you with the filing process.
If you wish to be represented by a lawyer, your lawyer will need to do the following, depending on whether the case is under the simplified or standard proceedings:
Companies, limited liability partnerships or unincorporated associations need to be represented by a lawyer, according to the Rules of Court 2021.