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What it means to vary, suspend or cancel an order

Parties in a Protection from Harassment Court (PHC) case may apply to vary, suspend or cancel an order by the court.

Refer to the following table for what each type of application means.

Type of application

What it means

Vary an order

To change the terms of the order.

Suspend an order

To put the order on hold.

Cancel an order

To strike off the order and make it invalid.

Apply to vary, suspend or cancel an order

How you apply depends on whether your case is under the simplified or standard proceedings.

Key facts

Refer to the following on how to apply to vary, suspend or cancel an order under the simplified proceedings.

Who can file

Any party in a PHC case.

Estimated fees

$10.

How to file

Through the Community Justice and Tribunals System (CJTS).

What you will need

You will need to provide the following information:

How to file and serve

Log in to CJTS. Under the Online Applications tab, select PHC, then select Application to Vary, Suspend or Cancel Order. For detailed instructions, refer to the CJTS user guide for protection from harassment claims (PDF, 3358 KB).

You will need to serve a copy of the application on the other party. This means informing them of your application and the court proceeding that they must attend.

You must serve the application within the following timelines:

On every other party to the claim

Serve within 7 days after the date on which the application is filed.

On any other person on whom the application is directed to be served

Serve within 14 days (or as the court directs) after the date on which the application is filed.

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.

Key facts

Refer to the following on how to apply to vary, suspend or cancel an order under the standard proceedings.

Who can file

Any party in a PHC case.

Estimated fees

Refer to this table for the list of fees.

How to file

Through eLitigation.

What you will need

What you will need depends on the type of order you are applying to vary, suspend or cancel:

You need to explain your reason for applying in the documents.

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

Estimated fees

The estimated fees include:

Item or service

Fees

File the summons

$10

File the supporting affidavit

  • (Up to 10 pages) $10
  • (More than 10 pages) $1 per page

Note: This table does not include additional fees payable to the LawNet & CrimsonLogic Service Bureau.

How to file and serve

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 the application.

Step

Result

1. File the application

Your application is filed with the PHC.

2. Collect the endorsed documents

You receive a copy of the application documents that have been endorsed by the PHC.

3. Serve the application on the other party

You inform the other party of your application.

1. File the application

You must file your prepared documents through eLitigation. Visit the LawNet & CrimsonLogic Service Bureau to file in person.

2. Collect the endorsed documents

The Service Bureau will notify you via email or SMS of the outcome of your application.

If the court accepts your application documents, you will be asked to return to the Service Bureau to collect an endorsed version of the documents. This will include the date and time of a hearing that you and the other party must attend.

3. Serve the application on the other party

When: within 7 days after the date on which the application is filed

You will need to serve a copy of the endorsed documents on the other party. This means informing them of your application and the court proceeding that they must attend.

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.

After you file

You should bring all evidence that supports your application to the scheduled hearing.

You must attend the hearing. If you are absent, the application may be dismissed and you may be unable to file any further applications to vary, suspend or cancel the PHC order.

Outcomes of the application

The court will decide whether to allow or dismiss the application.

If your application is dismissed, there will be no change to the original court order.

If your application is allowed, the court may vary, suspend or cancel the order, depending on your request.

Need help?

The information here is for general guidance as the courts do not provide legal advice. If you need further help, you may want to get independent legal advice.

Find out more

Resources

Related questions

If the other party in your case has filed an application to vary, suspend or cancel an order, you will be served a Notice of Hearing (for simplified proceedings) or summons (for standard proceedings). You must attend court on the scheduled date and time.
Go to Step-by-step guide

Step-by-step guide

2021/07/23

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