How to Defend a VCAT Claim When You Think the Applicant Is Wrong

Being served with a Victorian Civil and Administrative Tribunal (VCAT) application does not mean you have already lost. If the claim is factually incorrect, exaggerated, or legally baseless, you can defend it. VCAT resolves disputes on evidence, and a well-prepared response can stop an unmeritorious claim.

For the forms, fees and each step, see our guide to making an VCAT application.

Understand What You Have Been Served

When someone files a claim against you at VCAT, you become the respondent. The person who filed is the applicant. You will receive:

• VCAT application form — the applicant’s version of events and what they want
• Notice of hearing — date, time, and location (or video link)
• Supporting documents — invoices, photos, contracts, or other evidence filed

Read everything carefully. Note the hearing date and any dates for sending documents. If you do not attend, VCAT may make a decision that affects you.

Know the Dates That Matter

VCAT’s respondent page for goods and services disputes sets out no response form and no response deadline. For an in-person goods and services hearing, you must send the applicant copies of the documents you plan to use as evidence at least 14 days before the hearing; for a phone or video hearing, follow the deadline in your notice. Other lists can work differently.

Check the notice of hearing or call VCAT on 1300 01 8228 to confirm your dates. If you need more time, apply for an adjournment with a valid reason and notify the other party.

Decide How to Respond

You have several options:

Prepare a written response

Write a respondent statement setting out your version of events, your defence, and supporting evidence, and send it with your evidence to the applicant.

Attend without a written response

You can present your case orally on the day. This is risky — the tribunal member will not have seen your side in advance, and you may appear unprepared.

Do nothing

If you do not attend, VCAT may make a decision that affects you, and that decision can be enforced by a court. Do not do this.

Seek to resolve the matter

Contact the applicant and attempt to settle before the hearing. If you reach agreement, both parties can sign consent orders and avoid the hearing.

Prepare Your Written Response

A strong written response includes:

Your version of events — a clear, chronological account of what happened. Be specific. If the applicant claims you failed to deliver goods on 15 March, explain what you delivered, when, and provide proof.

Your defence — explain why the claim is wrong:

• The applicant has no legal basis for the claim
• The facts are incorrect or exaggerated
• You have already fulfilled your obligations
• The applicant caused the problem
• The claim is outside VCAT’s jurisdiction or time limits

Evidence — attach documents that support your defence: contracts, invoices, emails, text messages, photos, receipts, statutory declarations from witnesses.

What you want — state the outcome you seek. Typically, this is for the claim to be dismissed.

Keep your response factual. VCAT members are interested in evidence, not emotion.

Consider Filing a Counterclaim

If the applicant owes you money or has breached an obligation, you can make a counterclaim, which VCAT treats as a separate application. Examples:

• A tenant claims you wrongly withheld bond — you counterclaim for unpaid rent and property damage
• A customer claims defective goods — you counterclaim for non-payment
• A contractor claims unpaid fees — you counterclaim for defective work

VCAT treats a counterclaim as a separate application, and you may need to pay an application fee.

Gather and Organise Your Evidence

VCAT decisions are based on evidence, not assertions.

Contracts and agreements — provide the signed copy. If there was no written contract, provide evidence of agreed terms (emails, text messages, quotes).

Correspondence — print or screenshot all relevant emails, SMS, and social media messages. Highlight key parts.

Photos and videos — for disputes involving property damage, defective goods, or premises condition, take clear, dated photos.

Invoices and receipts — prove what was paid, when, and for what.

Witness statements — if someone else saw or heard what happened, ask for a signed statement.

Expert reports — for building defects, vehicle damage, or technical issues, consider obtaining a report from a qualified expert.

Organise evidence chronologically and label each document clearly. VCAT prefers a document bundle with a contents page.

Attend the Hearing Prepared

VCAT hearings are less formal than court, but preparation matters.

Arrive early — check in at the registry or log in to the video hearing 10 minutes before the scheduled time.

Bring three copies of everything — one for you, one for the tribunal member, one for the applicant.

Dress appropriately — business casual is fine.

Stay calm and factual — answer questions directly. Do not interrupt the applicant. Address your answers to the tribunal member, not the other party.

Stick to relevant facts — focus on the key issues and supporting evidence.

If the applicant has a lawyer or representative, do not be intimidated. VCAT is designed for self-represented parties, and the tribunal member will ensure fairness.

Common Mistakes Respondents Make

Missing a date VCAT sets — mark every date in your notice and VCAT’s orders in your calendar.

Filing a vague response — “I disagree” is not a defence. Explain why, with evidence.

Bringing no documents — without evidence, the tribunal will likely accept the applicant’s version.

Getting emotional — anger and personal attacks undermine your credibility.

Ignoring the claim — VCAT may decide it without you.

What Happens After the Hearing

The tribunal member may make a decision on the day, or reserve their decision and send written orders later.

If you win, the claim is dismissed. If you lose, you will be ordered to pay the applicant’s claim, and possibly their filing fees. You have 28 days to comply with a VCAT order. If you do not, the applicant can enforce the order through the Magistrates’ Court.

If you believe the decision was wrong, you can apply for leave to appeal to the Supreme Court of Victoria, but only on a question of law.

How Claim Done Helps Defend VCAT Claims

Claim Done’s Tribunal Response / Defence Pack service drafts your side of a VCAT claim from your answers. You complete a short intake form, tell us what documents you have, and our Programmatic Algorithms draft four separate A4 PDFs:

• A response summary
• A defence position statement
• A chronology
• An evidence list

The service costs a flat $129, with no subscription. It does not provide legal advice, compile an evidence bundle, prepare a counterclaim, or file or serve anything for you. You review the documents, attach your own evidence and send it yourself.

Final Checklist

Before your VCAT hearing, confirm you have:

• Sent your evidence to the applicant by the date VCAT sets
• Organised your evidence into a clear bundle
• Prepared three copies of all documents
• Noted the hearing time and location (or video link)
• Reviewed the applicant’s claim and identified the key issues in dispute
• Considered whether a counterclaim is appropriate
• Contacted the applicant to explore settlement (if appropriate)

A well-prepared defence can result in the claim being dismissed, reduced, or settled on favourable terms. If you need help preparing your VCAT response, prepare your VCAT defence response with Claim Done’s fixed-fee service.

Frequently Asked Questions

Is there a VCAT response deadline?

VCAT’s respondent page for goods and services disputes sets out no response form and no response deadline. Follow the dates in your notice and VCAT’s orders, including sending your evidence to the applicant at least 14 days before an in-person hearing. If you do not attend, VCAT may make a decision that affects you, and that decision can be enforced by a court.

Can I defend a VCAT claim without a lawyer?

Yes. VCAT is designed for self-represented parties. Most respondents do not have lawyers.

Do I need to file a counterclaim at VCAT?

Only if the applicant owes you money or has breached an obligation related to the same dispute. VCAT treats a counterclaim as a separate application, and you may need to pay an application fee.

Can I settle a VCAT claim before the hearing?

Yes. You can negotiate with the applicant at any time. If you reach agreement, both parties can sign consent orders and avoid the hearing. Settlement can save time, cost, and stress.

What evidence do I need to defend a VCAT claim?

Any documents that support your version of events: contracts, emails, text messages, invoices, receipts, photos, witness statements, or expert reports. Organise them chronologically and label them clearly in a document bundle.