What the Notice of Case Management Conference, Originating Summons or Originating Application means

Someone has filed a protection from harassment case against if you receive either one of the following:

  • Notice of Case Management Conference (simplified proceedings in PHC)
  • Originating Summons (for standard proceedings commenced in PHC before 1 April 2022) or
  • Originating Application (for standard proceedings commenced in PHC on or after 1 April 2022, or proceedings in FC).

Respond to a protection from harassment application step-by-step

This is the process for responding to a protection from harassment application filed against you.

When receiving an application

Understand the outcomes and respond

Find out the possible orders the court can make and how you can respond to the application, including how to prepare evidence.

Resolving the dispute

Attend court

Both parties must attend a court session in which a judicial officer will attempt to resolve the dispute. If you are not able to settle the case, you need to attend a hearing in which a judge will decide whether to grant the order.

After an order is made

File other applications, if needed

You may appeal against a court order that you are not satisfied with, or set aside an order made in your absence if you missed a court session. You may also apply to change an order.

2024/10/30

Resources

Legislation associated with this topic includes:

Refer to the Family Justice Courts Practice Directions 2024 as well as Appendix D for proceedings that are governed by the Family Justice (Protection from Harassment) Rules 2024.

Related questions

For individuals

It is not compulsory for individuals to engage a lawyer for protection from harassment applications. However, you may wish to seek independent legal advice on your options as the courts can only assist you with the filing process.

If you wish to be represented by a lawyer, your lawyer will need to do the following, depending on the nature of the case:

For companies, partnerships or associations

Companies, limited liability partnerships or unincorporated associations need to be represented by a lawyer, according to the Rules of Court 2021 (for proceedings in PHC) or Family Justice (General) Rules 2024 (for proceedings in FC).


Share this page:
Facebook
X
Email
Print