Cease and Desist Letter Pack (Australia)

For Australian businesses facing copying or brand misuse

$39.95 +GST

Free Download for COMPASS Members

Use this pack to:
  • Send a clear, proportionate cease and desist letter in Australia;
  • Identify the legal basis and preserve evidence before making accusations;
  • Choose proportionate demands, realistic deadlines and factual, professional wording;
  • Track dispatch, responses and escalation decisions in one dated record.

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Cease and desist letter guide: suitability test and letter content

About this Document

Use this pack if you:
  • Have found your website copy, product photographs, reports or other original material reproduced without permission
  • Are dealing with a competitor using a similar logo, sign, domain name or social account that may misuse your brand
  • Need to raise a breach of a confidentiality clause, licence restriction or other contractual obligation with the other party
  • Want to establish the legal basis, evidence and proportionate demands before you write, rather than sending a letter and hoping
  • Need a dated record of the concern, the demand and the response for a straightforward Australian business matter
It is suited to:
  • Australian businesses whose material, brand or contractual rights are being misused within Australia
  • Owners and managers who want to deal with a matter themselves before involving a lawyer
  • Straightforward matters where ownership is clear, the conduct can be identified and the demands are limited to stopping or correcting it
  • Not suited to patents, registered designs, defamation, employment restraints, debt recovery, urgent injunctions or overseas disputes
What this pack covers:
  • What a cease and desist letter can and cannot achieve, a quick suitability test and eight stop points that signal you need advice
  • The Australian legal framework, with sections referenced from the Copyright Act 1968 (Cth), the Trade Marks Act 1995 (Cth) and the Australian Consumer Law, plus passing off, contract and confidentiality
  • Identifying the correct sender and recipient, preserving evidence and checking permissions, exceptions and defences
  • Choosing proportionate demands, setting realistic deadlines and keeping the tone factual
  • Eight worked scenarios, including website copying, stolen product photos, similar logos, implied affiliation, ex-contractor leaks, licence breaches, social media impersonation and confusing domain names
  • Three editable letters: an initial cease and desist letter with optional legal-basis modules, a follow-up for non-response and a compliance confirmation form
  • Practical tools: evidence pack structure and log, rights and authority worksheet, clause-by-clause drafting guide, dispatch record, response tracker and escalation decision record
  • What to do after sending, alternative resolution options and a final pre-send declaration
You receive an editable Word document with placeholders for the sender and recipient details, the material or mark in issue, the conduct observed, the demands and the response deadline. It is a practical, lawyer-drafted starting point for straightforward Australian matters, and a cease and desist letter is not risk-free: where the claim is disputed, substantial loss is continuing or one of the pack’s stop points applies, obtain advice before sending anything.

How To Use This Template

This template is a starting point, not a final document. It’s been drafted by Australian lawyers to be practical and flexible, but it still needs to be reviewed and tailored for your specific business, transaction and risk profile.

Before you use it, you should:

  • Complete all placeholders, bracketed items and optional fields;
  • Remove any drafting notes or clauses that aren’t relevant to your situation; and
  • Check that party names, entity details, dates, addresses, contact details and defined terms are accurate.

Make sure the template is consistent with your other documents and obligations – including any existing contracts, policies, procedures, website terms, privacy disclosures, regulatory requirements or internal governance documents. If anything conflicts, it should be resolved before you sign, issue, adopt or implement the document.

If you are using the template as an agreement, it should be reviewed and signed by all relevant parties in accordance with applicable law and your internal signing requirements. If you are using it as a policy, procedure, notice or compliance record, it should be approved and stored under your organisation’s normal document control processes.

This template is provided as general information only and is not legal advice. Complex, high‑value, highly regulated or cross‑border matters will usually require bespoke drafting. For anything outside a straightforward use case, we strongly recommend obtaining legal advice before relying on, signing or implementing this document.

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