How to Defend a VCAT Claim: Your First 7 Days After Being Served

You have been served with a Victorian Civil and Administrative Tribunal claim. The clock is ticking. Miss the response deadline and you risk a default judgment—losing without ever being heard.

This guide covers what you need to do in the first 7 days after being served, what a proper defence looks like, and how to avoid the mistakes that cost respondents their cases.

Understand What You Have Been Served

The document you received is either a Notice of Hearing or an Application and Notice of Hearing. It tells you:

• The applicant’s name
• The amount claimed or remedy sought
• The grounds of the claim
• The hearing date and time
• The VCAT list (Civil, Residential Tenancies, Owners Corporation, etc.)

Read the entire document. The applicant’s statement of claim sets out the facts they rely on and the legal basis for their claim.

Do not ignore it. Even if you think the claim is baseless, you must respond formally.

Check the Response Deadline

VCAT’s response deadlines vary by list:

• Civil Claims List: 14 days from being served
• Residential Tenancies List: 2 business days for urgent matters, 7 days for standard applications
• Owners Corporation List: Typically 14 days, but check the notice

The deadline is calculated from the date you were served, not the date the application was filed. If you were served by post, VCAT assumes you received it 4 business days after posting unless you can prove otherwise.

If you miss the deadline, VCAT may make orders in your absence or allow the applicant to proceed without you. You can apply for an extension, but you must do so before the deadline expires and provide a valid reason.

Day 1-2: Gather Your Evidence

Before you draft anything, collect every document relevant to the dispute:

• Contracts, invoices, receipts, quotes
• Emails, text messages, letters
• Photos, videos, inspection reports
• Bank statements, payment records
• Any prior correspondence with the applicant

Organise these chronologically. VCAT hearings are evidence-based. The member will not accept vague assertions—you need documents that prove your version of events.

If you do not have a document, get it now. Request bank statements, download email threads, retrieve text messages. If the applicant made a claim about a defect or breach, take dated photos showing the current state.

Day 3-4: Decide Your Defence Strategy

You have three main options:

1. Dispute the Claim Entirely

You deny the applicant’s version of events. You may argue:

• The debt was already paid
• The goods or services were never provided
• The applicant breached the contract first
• The claim is outside the limitation period
• The applicant has no legal basis for the claim

Your response must set out your version clearly and attach supporting evidence.

2. Admit Part of the Claim

You accept some facts but dispute the amount or certain allegations. For example:

• You agree you owe money, but not the full amount claimed
• You admit there was a defect, but you already offered to repair it
• You accept responsibility for part of the damage, but not all of it

This approach can narrow the issues and make the hearing shorter.

3. Raise a Counterclaim

If the applicant owes you money or breached their obligations, you can file a counterclaim. Common examples:

• Tenant claims bond refund; landlord counterclaims for unpaid rent and damage
• Customer claims refund; supplier counterclaims for unpaid invoices
• Contractor claims payment; client counterclaims for defective work

A counterclaim must be filed with your response and supported by evidence. It will be heard at the same hearing as the original claim.

Day 5-6: Draft Your Response

VCAT does not require a specific form for a response in most lists, but your response must be in writing and must:

• Identify which allegations you admit, deny, or do not know enough to admit or deny
• Set out your version of the facts
• Identify the legal basis for your defence
• List the documents you will rely on
• Be signed and dated

Structure of a Proper VCAT Defence

Heading: VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL [List Name] VCAT Reference: [insert reference number]

Parties: [Applicant Name] — Applicant [Your Name] — Respondent

RESPONSE TO APPLICATION

1. Admissions I admit the following allegations in the applicant’s statement of claim: [list paragraph numbers and what you admit].

2. Denials I deny the following allegations: [list paragraph numbers and explain why you deny them].

3. Defence [Set out your version of events in numbered paragraphs. Be factual, chronological, and specific. Reference documents by date and attach them as exhibits.]

4. Relief Sought [State what you want VCAT to do: dismiss the claim, reduce the amount, order the applicant to pay your costs, etc.]

5. Documents I rely on the following documents, attached as exhibits: [list each document].

Signed: [Your name] [Date]

Keep it plain, factual, and professional. VCAT members are looking for facts and evidence.

Day 7: File and Serve Your Response

You must file your response with VCAT and serve a copy on the applicant.

Filing with VCAT

You can file:

• Online via the VCAT portal (fastest)
• By post to the relevant VCAT registry
• In person at a VCAT registry

Include your response, all supporting documents, and any counterclaim. If filing by post, allow time for delivery—VCAT must receive it by the deadline.

Serving the Applicant

You must also send a copy of your response and documents to the applicant. Acceptable methods:

• Email (if the applicant provided an email address)
• Post to the address on the application
• Personal delivery

Keep proof of service. If you email, keep the sent email. If you post, get a certificate of posting. If you deliver in person, have a witness or take a photo of the delivery.

What Happens If You Do Not Respond

If you fail to file a response by the deadline, VCAT may:

• Make orders in your absence based on the applicant’s evidence alone
• List the matter for a default hearing where the applicant can prove their claim without you being heard
• Strike out your defence if you file late without a valid reason

Default judgments are enforceable. If VCAT orders you to pay money and you do not, the applicant can enforce the order through the Magistrates’ Court, including garnishing your wages or seizing assets.

You can apply to set aside a default judgment, but you must show you have an arguable defence, a reasonable explanation for not responding on time, and that you acted promptly once you became aware of the default.

It is far easier to respond on time.

Common Mistakes to Avoid

1. Filing a response but not serving the applicant Both steps are mandatory. If you only file with VCAT, the applicant can argue they did not receive your defence.

2. Providing vague denials without evidence Saying “I deny everything” is not a defence. You must explain why you deny the claim and provide documents that support your version.

3. Raising new issues at the hearing VCAT expects all parties to put their case in writing before the hearing. If you raise a new defence or produce new documents on the day, the member may adjourn the hearing and order you to pay the applicant’s wasted costs.

4. Missing the deadline and hoping for leniency VCAT is a high-volume tribunal. If you miss the deadline without a valid reason, you will likely lose by default.

5. Failing to attend the hearing Even if you file a response, you must attend the hearing. If you do not show up, VCAT will proceed without you.

Final Checklist: Your First 7 Days

• Day 1-2: Read the application, identify the deadline, gather all evidence
• Day 3-4: Decide your defence strategy, organise your documents chronologically
• Day 5-6: Draft your response, structure it properly, attach exhibits
• Day 7: File with VCAT online or by post, serve a copy on the applicant, keep proof of service

Do not wait until day 14. File early. If something goes wrong—technical issues, missing documents, service problems—you still have time to fix it.

How Claim Done Prepares Your VCAT Defence

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The service includes:

• A complete written response to the VCAT application
• Numbered paragraphs addressing each allegation
• A chronology of events based on your evidence
• A list of documents and exhibits
• Filing instructions for VCAT and service instructions for the applicant

Fixed fee. No subscription. Prepared in 60 minutes.

For straightforward VCAT defences—unpaid invoices, bond disputes, minor civil claims—ClaimDone gives you a tribunal-ready response without paying a lawyer’s hourly rate. For complex matters, high-value claims, or cases involving multiple parties, we recommend engaging a lawyer experienced in VCAT proceedings.

Prepare your VCAT defence in 60 minutes and file on time.

Frequently Asked Questions

What happens if I miss the VCAT response deadline?

VCAT may make orders against you by default, meaning you lose without being heard. You can apply to set aside a default judgment, but you must show you have an arguable defence and a reasonable explanation for the delay. It is far easier to respond on time.

Can I defend a VCAT claim without a lawyer?

Yes. VCAT is designed for self-represented parties. You do not need a lawyer for straightforward disputes like unpaid invoices, bond claims, or minor civil matters. For complex cases or high-value claims, engaging a lawyer is recommended.

Do I need to file my response in a specific format?

VCAT does not require a specific form in most lists, but your response must be in writing, address each allegation, set out your version of events, and attach supporting documents. A properly structured response improves your chances at the hearing.

Can I raise a counterclaim against the applicant?

Yes. If the applicant owes you money or breached their obligations, you can file a counterclaim with your response. It will be heard at the same hearing as the original claim. You must support your counterclaim with evidence.

What evidence do I need to defend a VCAT claim?

You need documents that prove your version of events: contracts, invoices, receipts, emails, text messages, photos, bank statements, and any prior correspondence. VCAT hearings are evidence-based—vague assertions without supporting documents will not succeed.