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:
- The claim number.
- The order date.
- Details and grounds (reasons) for the application.
- (If any) Supporting documents, as PDF files. Find out how to prepare such documents in the required format.
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, 3366 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:
Type of order | Documents needed |
|---|---|
Protection order |
|
False statement order |
|
Mandatory treatment order |
|
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 |
|
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.
