Tribunal Defence Pack: What to File When You’re the Respondent

You’ve been served with a tribunal application. The applicant claims you owe money, breached a contract, or caused damage. Now you need to respond.

This guide explains how to defend a tribunal application in Australia, breaking down the three core documents that make up your defence pack: the response form, your affidavit, and the supporting evidence.

Understanding Your Position as Respondent

When someone files a tribunal application against you, you become the respondent. The applicant has told their version of events. Your job is to present yours — clearly, factually, and backed by evidence.

You typically have 14 to 28 days to file your response, depending on the tribunal and state. Miss that deadline and the tribunal may decide the case without hearing from you.

The tribunal member expects:

• A properly completed response form
• A sworn affidavit setting out your version of events
• Supporting documents that prove what you’re saying
• Everything filed on time

The Response Form: Your First Document

Every Australian civil tribunal uses a standard response form. The exact form varies by state, but the content is similar.

What the form asks for:

• Your full legal name and contact details
• Whether you dispute all or part of the claim
• A brief summary of your defence (typically 200-500 words)
• Whether you’re making a counterclaim
• Whether you’re seeking costs

How to complete it:

Keep your summary factual and direct. State the key facts you rely on:

“The applicant claims I failed to complete renovation work. I attended the property on 15 March 2024 and completed all work specified in the quote dated 3 February 2024. The applicant refused to allow access for final touch-ups and has not paid the outstanding invoice of $3,200.”

Common mistakes:

• Leaving the summary blank and saying “see attached affidavit”
• Writing an essay instead of sticking to key facts
• Forgetting to sign and date the form

Your Affidavit: The Heart of Your Defence

An affidavit is a written statement of facts, sworn before an authorised person (usually a Justice of the Peace or lawyer). It’s your opportunity to tell your side of the story in detail.

Structure of a defence affidavit:

1. Opening paragraph — state your name, address, occupation, and your connection to the dispute
2. Background — explain how you came to deal with the applicant
3. Chronology — set out what happened, in date order
4. Response to specific allegations — address each claim the applicant made
5. Conclusion — state what outcome you’re seeking

Writing style:

Use first person (“I attended the property” not “the respondent attended”). Write in short paragraphs. Each paragraph should deal with one fact or event. Number your paragraphs.

Example paragraph structure:

“5. On 12 January 2024, I received an email from the applicant requesting a quote for bathroom renovation work. A copy of that email is attached and marked ‘Exhibit A’.

1. On 15 January 2024, I attended the property and inspected the bathroom. I provided a written quote for $8,500. A copy of the quote is attached and marked ‘Exhibit B’.

1. The applicant accepted the quote on 18 January 2024 by email. A copy of that acceptance is attached and marked ‘Exhibit C’.”

Referring to documents:

Every document you mention must be attached to your affidavit as an exhibit. Use letters (Exhibit A, B, C) and refer to them consistently.

What not to include:

• Your opinion on the law
• Hearsay (“my mate told me the applicant…”)
• Irrelevant personal attacks
• Speculation about the applicant’s motives

Swearing your affidavit:

Once drafted, you must swear or affirm your affidavit before a JP, lawyer, or other authorised person. They will watch you sign, then sign and stamp the document themselves.

Supporting Documents: Your Evidence

The tribunal decides cases based on evidence, not arguments. Your supporting documents prove the facts in your affidavit.

Essential documents for most defences:

• Contracts or agreements — the written terms you and the applicant agreed to
• Invoices and receipts — proof of payment or amounts owing
• Correspondence — emails, text messages, letters showing what was said and when
• Photos — condition of goods, completed work, damage
• Bank statements — proof of payment or non-payment
• Quotes or estimates — what was agreed to be done
• Statutory notices — if you sent a breach notice or demand letter

How to organise your documents:

Number each document as an exhibit matching your affidavit. If you refer to “Exhibit D” in paragraph 12 of your affidavit, Exhibit D must be attached.

Use a clear cover sheet for each exhibit:

“This is Exhibit D referred to in the affidavit of [Your Name] sworn [Date]”

Then attach the actual document.

Electronic evidence:

Print out emails and text messages. Include the full header showing date, time, sender, and recipient. If the exchange is long, highlight the relevant parts.

For photos, print them clearly and note when and where they were taken.

Documents you don’t have:

If the applicant has a key document and you don’t have a copy, say so in your affidavit:

“The applicant claims I signed a written agreement on 5 March 2024. I did not sign any written agreement. If such a document exists, I ask the tribunal to require the applicant to produce it.”

Counterclaims: When You’re Also Claiming

If you’re not just defending but also claiming money or relief from the applicant, you need to file a counterclaim.

When to counterclaim:

• The applicant owes you money arising from the same dispute
• You suffered loss or damage because of the applicant’s conduct
• You want the tribunal to make an order in your favour

How to counterclaim:

Most tribunals require you to tick a box on the response form and complete a separate counterclaim section. You’ll need to:

• State the amount you’re claiming
• Explain the legal basis (breach of contract, debt, damages)
• Provide evidence supporting your counterclaim

Your affidavit should address both your defence and your counterclaim.

Filing and Serving Your Defence Pack

Once your documents are ready, you need to file them with the tribunal and serve them on the applicant.

Filing:

Most tribunals now accept online filing. Upload your response form, affidavit, and exhibits as separate PDFs. Some tribunals still require hard copies by post or in person.

Serving:

You must give the applicant a copy of everything you filed. Email is usually acceptable if you have their email address. Otherwise, post it by registered mail or arrange personal service.

Keep proof of service — a sent email, a registered post receipt, or a statutory declaration from the person who hand-delivered it.

Deadlines:

File and serve within the time stated on the application notice. If you need more time, contact the tribunal immediately and request an extension.

Common Defence Strategies

The debt is disputed:

If the applicant claims you owe money but you don’t agree:

• Explain why the amount is wrong (work not completed, goods defective, invoice inflated)
• Provide evidence showing what was actually agreed
• Attach your own invoices or correspondence disputing the amount

The contract was breached by the applicant:

If the applicant breached first:

• Set out the terms of the contract
• Explain how the applicant breached
• Show that you were released from your obligations or entitled to terminate

You already paid:

If you paid and the applicant is claiming again:

• Attach bank statements showing the payment
• Attach receipts or email confirmations
• Explain when and how you paid

The claim is out of time:

Most tribunal claims must be filed within a certain timeframe. If the dispute is significantly older, raise this in your response form and affidavit.

You never agreed to the contract:

If the applicant claims you entered a contract but you didn’t:

• State clearly that you did not agree
• Explain any discussions you did have
• Attach correspondence showing what was actually agreed (if anything)

How ClaimDone Prepares Your Defence Pack

ClaimDone’s Tribunal Response / Defence Pack service generates all three documents based on the information and evidence you provide.

You complete a detailed intake form about the dispute. Upload the tribunal application, your evidence, and any correspondence. ClaimDone’s Proprietary AI Engine analyses everything and produces:

• A completed response form tailored to your tribunal
• A properly structured affidavit in first person, with numbered paragraphs and exhibit references
• An exhibit bundle with cover sheets and organised attachments

The documents are ready to swear and file. You get them within 60 minutes for a flat fee of $197.

ClaimDone does not provide legal advice. For complex disputes, high-value claims, or cases involving fraud or professional negligence, consult a qualified Australian lawyer.

Final Checklist Before You File

Before you submit your defence pack, check:

• ✓ Response form is fully completed and signed
• ✓ Affidavit is sworn before a JP or lawyer
• ✓ Every exhibit mentioned in the affidavit is attached
• ✓ Exhibits are clearly labelled (A, B, C, etc.)
• ✓ Documents are legible (no blurry photos or faint printouts)
• ✓ You’ve kept copies of everything
• ✓ You’ve filed within the deadline
• ✓ You’ve served the applicant with copies

The tribunal member will read your defence pack before the hearing. Clear facts, solid evidence, and proper formatting give you the best chance of a fair outcome.

What Happens After You File

Once your defence is filed, the tribunal will list the matter for a directions hearing or final hearing. You’ll receive a notice with the date, time, and location (or video link).

At the hearing, both sides present their case. The tribunal member asks questions, reviews the evidence, and makes a decision.

If you win, the application is dismissed. If you lose, the tribunal makes orders (typically payment of money). If you counterclaimed and won, the tribunal may order the applicant to pay you instead.

Responding properly protects your rights and ensures the tribunal hears your side. If you need a professionally prepared defence pack fast, ClaimDone’s Tribunal Response service delivers all three documents within 60 minutes for $197 — no hourly billing, no ongoing costs.

Frequently Asked Questions

How long do I have to file a tribunal response in Australia?

Most tribunals give you 14 to 28 days from the date you were served with the application. The exact deadline is stated on the application notice. If you need more time, contact the tribunal immediately to request an extension before the deadline passes.

Do I need a lawyer to defend a tribunal application?

No. Australian civil tribunals are designed for self-representation. You can prepare and file your own defence pack. However, for complex disputes, high-value claims, or cases involving fraud or professional negligence, it’s worth consulting a qualified lawyer.

What happens if I don't file a response?

If you don’t respond, the tribunal may decide the case without hearing from you. The applicant’s version of events goes unchallenged, and the tribunal will likely make orders in their favour. Always file a response if you dispute the claim.

Can I file my tribunal response online?

Most Australian tribunals now accept online filing. Check your tribunal’s website for their eFiling portal. You’ll upload your response form, affidavit, and exhibits as PDFs. Some tribunals still require hard copies by post or in person.

What's the difference between a response form and an affidavit?

The response form is the official tribunal document where you state whether you dispute the claim and provide a brief summary. The affidavit is your detailed written statement of facts, sworn before a JP or lawyer, where you tell your full version of events with supporting evidence attached.