Contractor Wants to Sue You: How to Defend a Tribunal Claim in Australia

# Contractor Wants to Sue You: How to Defend a Tribunal Claim in Australia

You have been served with a tribunal application. A contractor claims you owe money for work done. You disagree — the work was defective, incomplete, or not what you agreed to pay for. You typically have 14 to 28 days (depending on your state) to file a response, or risk a default judgment.

This guide explains how to defend a tribunal claim in Australia when a contractor sues you.

Understand the tribunal claim against you

The contractor (the applicant) has filed a claim in your state’s civil and administrative tribunal:

• NSW: NSW Civil and Administrative Tribunal (NCAT)
• VIC: Victorian Civil and Administrative Tribunal (VCAT)
• QLD: Queensland Civil and Administrative Tribunal (QCAT)
• WA: State Administrative Tribunal (SAT)
• SA: South Australian Civil and Administrative Tribunal (SACAT)

The application will state the amount claimed, a description of the dispute, and the legal basis (usually breach of contract or quantum meruit). It will also show your response deadline and the hearing date.

Read the entire application. Note the deadline — missing it can result in a default judgment, meaning the contractor wins without you being heard.

File your response on time

Every tribunal requires a formal response. The form name varies by state (Response to Application, Form 3 in NCAT, or similar). The form asks:

• Do you agree or disagree with the claim?
• What are your reasons?
• Do you have a counterclaim?
• What evidence will you rely on?

Filing a response preserves your right to defend the claim and present evidence at the hearing. Most tribunals allow online filing. Check your tribunal’s website for the correct process.

What to include in your response

Your response should be factual, specific, and supported by evidence.

Deny the claim (if appropriate)

If you dispute the amount or the contractor’s version of events, say so clearly:

• “I deny the claim. The work was not completed as agreed.”
• “I dispute the amount claimed. The invoice includes charges for work not performed.”
• “The applicant breached the contract by using substandard materials.”

Provide your version of events

Give a short, chronological summary:

• When you engaged the contractor
• What was agreed (verbally or in writing)
• What went wrong (defects, delays, cost overruns, incomplete work)
• What you did to try to resolve it

Attach supporting documents

Upload or attach:

• The original contract, quote, or scope of work
• Emails or text messages discussing the work
• Photos of defective or incomplete work
• Invoices showing what you have already paid
• Expert reports or quotes for rectification work
• Any correspondence where you raised concerns

The tribunal will not consider evidence you do not mention in your response or provide before the hearing.

Raise a counterclaim if you have one

A counterclaim is your own claim against the contractor. Common counterclaims include:

• Cost of rectification: The amount you will need to pay another contractor to fix defective work
• Breach of contract: Damages caused by the contractor’s failure to complete the work on time or to the agreed standard
• Return of deposit: If the contractor failed to perform and you want your deposit back

You must file your counterclaim in your response. Most tribunals do not allow you to raise it for the first time at the hearing.

State the amount you are counterclaiming and explain why you are entitled to it. Attach evidence (quotes for rectification, photos of defects, the original contract).

If your counterclaim exceeds the contractor’s claim, you may end up being awarded money at the hearing.

Do not admit fault unnecessarily

Your response is a legal document. Avoid statements like:

• “I should have paid, but I forgot.”
• “I know I owe something, just not that much.”
• “The work was mostly okay, but…”

These admissions can be used against you. If you genuinely dispute the claim, say so. If you accept part of the claim, specify the exact amount you accept and why you dispute the rest.

Prepare for the hearing

Once you file your response, the tribunal will schedule a hearing or directions hearing. You will receive a notice with the date, time, and format (in-person, phone, or video).

What to bring

• A copy of your response and all documents you filed
• Original contracts, quotes, invoices, and receipts
• Photos or videos of defective work
• Witness statements (if anyone else saw the defects or heard the agreement)
• A chronology of events (a simple timeline)
• Any expert reports or quotes for rectification

What happens at the hearing

Tribunal hearings are less formal than court, but they follow a process:

1. The contractor presents their case first — they explain why you owe them money and show their evidence
2. You present your defence — you explain why you do not owe the amount claimed, or why the work was defective
3. Cross-examination — each party can ask the other questions about their evidence
4. The tribunal member makes a decision — usually on the day, or within a few weeks

Speak clearly, stick to the facts, and refer to your evidence. Address your answers to the tribunal member, not the contractor.

Common defences to a contractor’s claim

The work was defective or incomplete

If the contractor did not complete the work, or the work does not meet the agreed standard, you may not owe the full amount claimed.

Provide photos of defects, quotes from other contractors to rectify the work, and expert reports if the defect is technical.

The contractor breached the contract

If the contractor used materials different from what was agreed, failed to complete the work on time, abandoned the job, or charged more than the quote without your agreement, you may have a defence and a counterclaim for damages.

You already paid

If you have already paid for the work (in full or in part), provide bank statements showing the payment, receipts or invoices marked “paid”, and text messages or emails confirming payment.

There was no contract

If the contractor claims you agreed to pay a certain amount, but there was no written contract and you dispute the amount, the tribunal will look at what was said, what a reasonable person would expect to pay for that type of work, and any part-payments you made.

The claim is out of time

Most tribunal claims must be filed within 6 years of the dispute arising. If the contractor’s claim relates to work done more than 6 years ago, you may have a limitation defence.

What if you lose?

If the tribunal finds in favour of the contractor, you will be ordered to pay the amount awarded (which may be less than the amount claimed), interest if applicable, and the contractor’s filing fee (usually under $100).

You typically have 28 days to pay. If you do not pay, the contractor can enforce the order through garnishing your wages, seizing property, or registering a charge over land you own.

You may appeal the decision if you believe the tribunal made an error of law, but appeals must be filed within strict time limits (usually 28 days).

What if you win?

If the tribunal dismisses the contractor’s claim, or finds in your favour on your counterclaim, the contractor must pay you the amount awarded. You can enforce the order in the same way if they do not pay.

How Claim Done helps you defend a tribunal claim

ClaimDone’s Tribunal Response / Defence Pack service prepares your entire response in 60 minutes. You upload the tribunal application and your evidence. Our Proprietary AI Engine drafts a completed response form tailored to your state’s tribunal, a defence statement setting out your version of events, a counterclaim if applicable, and a witness statement template.

Flat fee. No subscription. Done in 60 minutes.

Prepare your tribunal response and defence pack and file before the deadline.

Final steps: file, serve, and prepare

Once your response is ready:

1. File it with the tribunal (online, in person, or by post) before the deadline
2. Serve a copy on the contractor (email or post, depending on tribunal rules)
3. Prepare your evidence for the hearing
4. Attend the hearing and present your case

Filing a response is your only way to defend yourself and avoid a default judgment.

Frequently Asked Questions

What happens if I do not file a response to a tribunal claim?

The tribunal may enter a default judgment against you, meaning the contractor wins without you being heard. You will be ordered to pay the full amount claimed, plus interest and filing fees. You can apply to set aside a default judgment, but you must show a good reason for missing the deadline.

Can I settle with the contractor after they file a tribunal claim?

Yes. You can negotiate a settlement at any time before the hearing. If you reach an agreement, ask the tribunal to dismiss the claim by consent, or file consent orders recording the settlement terms. This avoids the hearing and gives you certainty.

Do I need a lawyer to defend a tribunal claim?

No. Tribunals are designed for self-represented parties. You can represent yourself, or use a document preparation service like Claim Done to draft your response and defence. For complex or high-value disputes, consider getting advice from a qualified Australian lawyer.

Can I raise a counterclaim after I file my response?

It depends on your tribunal’s rules. Most tribunals require you to raise counterclaims in your initial response. If you discover new facts later, you may be able to amend your response with the tribunal’s permission, but it is better to include everything from the start.

What if the contractor's claim is partly correct?

You can admit part of the claim and dispute the rest. State the amount you accept and why you dispute the balance. You can also make a payment into the tribunal (called a payment into court in some states) to show good faith and limit your exposure to costs.