General Cease and Desist Notice - Template, Sample Form Pro · AU-law

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PRIVATE & CONFIDENTIAL
WITHOUT PREJUDICE SAVE AS TO COSTS

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Delivered by: ________

RE: CEASE AND DESIST — DEMAND TO STOP HARASSING, INTIMIDATING AND/OR DEFAMATORY CONDUCT

Dear ________,

§ 1. Introduction

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1.2 The conduct in question commenced on or about ________ and has continued to the date of this letter.

§ 2. The Conduct Complained Of

2.1 The conduct complained of includes, but is not limited to, the following:

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2.2 Particulars of the occasions on which the conduct occurred, including the relevant dates, times, locations and any communications, are set out in the documents and material annexed to this letter and marked ________.

§ 3. Unlawful Nature of the Conduct

3.1 Your conduct, as described above, may constitute one or more of the following:

(a) stalking, intimidation and/or harassment within the meaning of the applicable State or Territory criminal legislation;

(b) the use of a carriage service to menace, harass or cause offence contrary to section 474.17 of the Criminal Code Act 1995 (Cth), where any of the conduct has been carried out by telephone, email, social media or other electronic means;

(c) defamation of and concerning me within the meaning of the Defamation Act applicable in ________, by reason of the publication of matter conveying imputations that are defamatory of me and untrue;

(d) assault, trespass, nuisance and/or other tortious or actionable conduct; and/or

(e) a breach of any applicable apprehended violence, personal protection, restraint or similar order.

3.2 Nothing in this letter is to be taken as an exhaustive statement of the legal characterisation of your conduct or of my rights, all of which are expressly reserved.

§ 4. Harm Suffered

4.1 As a direct result of your conduct, I have suffered loss, damage and harm, including (to the extent applicable):

(a) physical harm or injury;

(b) substantial harm to my business;

(c) substantial harm to my professional reputation;

(d) substantial harm to my personal character; and

(e) emotional distress and psychological harm.

4.2 Particulars of the harm suffered are as follows: ________

§ 5. Demand

5.1 I hereby demand that you immediately and permanently:

(a) cease and desist from all conduct of the kind described in § 2 above;

(b) cease and desist from contacting, approaching, following or communicating with me, whether directly or indirectly, in person, in writing, electronically or through any third party;

(c) remove and/or retract any publication, post or material that is defamatory of or otherwise concerns me; and

(d) preserve all documents and electronic records relevant to the matters raised in this letter, as they may be required as evidence in any subsequent proceedings.

5.2 I further require that, by no later than ________, you provide me with a written undertaking, in terms satisfactory to me, that you will comply with the demands set out in § 5.1.

§ 6. Consequences of Non-Compliance

6.1 Should you fail to comply with this demand and continue with the conduct described above, I will have no alternative but to pursue all available legal remedies against you. These may include, without limitation:

(a) the commencement of civil proceedings seeking damages, an injunction and costs;

(b) an application for an apprehended personal violence order, intervention order, restraining order or equivalent protective order in the relevant court; and/or

(c) a complaint or report to the relevant police service or regulatory authority.

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§ 7. Reservation of Rights

7.1 All of my rights, remedies, claims and entitlements at law and in equity are expressly reserved. No part of this letter is to be construed as a waiver, election or compromise of any such rights.

7.2 This letter is written without prejudice to my rights save as to costs.

Yours sincerely,

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