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Respond to a protection from harassment application

Find out what you need to do if you receive an application made against you in the Protection from Harassment Court.

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.

What the Notice of Case Management Conference, Originating Summons or Originating Application means

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.

Respond to a protection from harassment application step-by-step

This is the process for responding to a protection from harassment application filed against you.

When receiving an application

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.

Resolving the dispute

Attend court

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.

After an order is made

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.

2021/07/23

Resources

Legislation associated with this topic includes:

The Protection from Harassment Act.
The 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).

Related questions

For individuals

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:

(Simplified) File an Application for Representative via the Community Justice and Tribunals System (CJTS).
(Standard) File a notice of appointment via eLitigation.

For companies, partnerships or associations

Companies, limited liability partnerships or unincorporated associations need to be represented by a lawyer, according to the Rules of Court 2021.

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