Cease and Desist Letter Template

A cease and desist letter (sometimes called a "letter before action" or "demand letter") is a formal written communication requiring another party to stop conduct you allege to be unlawful. It identifies the conduct, identifies the legal basis for objecting, and demands that the conduct stop within a specified time. It also often requires an undertaking not to repeat the conduct and may seek compensation.

In Australia, cease and desist letters are common in intellectual property (copyright, trade mark, passing off), defamation, harassment, breach of confidence, misleading and deceptive conduct under section 18 of the Australian Consumer Law, and breach of contract disputes. The letter forms part of pre-litigation correspondence that most Australian courts expect parties to exchange — the Federal Court's Practice Note GPN-PRLT and Supreme Court case management regimes encourage early resolution.

A well-drafted cease and desist letter can achieve a rapid resolution without the cost and delay of litigation. It also creates a written record that the recipient was on notice — relevant to damages, costs, and indemnity costs orders if court proceedings are later required. Importantly, the letter must not be threatening or misleading; unjustified threats of intellectual property proceedings can themselves be actionable under sections 128 of the Patents Act 1990 (Cth) and equivalents for trade marks and designs.