How to Draft a Legal Response to a Tribunal Application

You have been served with a tribunal application. Whether you must file a written response, and by when, depends on the tribunal and the type of claim. In QCAT, a response (Form 7) is due within 28 days of service only in a minor debt claim. VCAT’s respondent page for goods and services disputes and NCAT’s respondent page for its Consumer and Commercial Division set out no response form and no response deadline. Follow the documents you were served. If you do nothing, the tribunal can decide the case without you.

A legal response addresses every claim made against you, sets out your version of events, and identifies the evidence you will rely on. Get it wrong and you weaken your case before the hearing starts.

What Is a Legal Response to a Tribunal Application?

A legal response is the document you file after being served with an application. Different tribunals use different names:

• NSW Civil and Administrative Tribunal (NCAT) — Response to Application
• Victorian Civil and Administrative Tribunal (VCAT) — Response
• Queensland Civil and Administrative Tribunal (QCAT) — Response to Application
• South Australian Civil and Administrative Tribunal (SACAT) — Response
• Western Australian State Administrative Tribunal (SAT) — Response

Your response tells the tribunal:

• Which parts of the application you admit
• Which parts you deny
• Your version of what happened
• The evidence you will use
• Any counterclaim you are making

Step 1: Read the Application Carefully

Read the application at least twice. Note:

• The specific claims being made
• The amount claimed (if any)
• The legal basis (breach of contract, unpaid debt, defective goods)
• The facts the applicant relies on
• The orders being sought

If the applicant says “the respondent failed to deliver the goods on 15 March 2024,” you need to know whether that date is correct, whether you delivered at all, and whether any delay was your fault.

Step 2: Identify What You Admit and What You Deny

Go through the application paragraph by paragraph. For each factual claim:

• Admit — the claim is true and you do not dispute it
• Deny — the claim is false or incorrect
• Do not admit — you lack sufficient knowledge (use sparingly)

Be precise. If the applicant says you were paid $5,000 on 10 January 2024, and you were actually paid $4,800 on 12 January 2024, deny the claim and state the correct facts.

If you admit part but deny another part, say so:

“The respondent admits receiving payment but denies the amount was $5,000. The respondent received $4,800 on 12 January 2024.”

Step 3: Set Out Your Version of Events

After addressing the applicant’s claims, tell your side. Make it:

• Chronological — start at the beginning
• Factual — what happened, not how you felt
• Specific — dates, amounts, names, locations
• Relevant — focus on facts that matter

Example for an unpaid work claim:

“On 3 February 2024, the parties entered into a written agreement for the applicant to paint the respondent’s commercial premises for $8,000. The applicant commenced work on 10 February 2024. On 15 February 2024, the respondent identified multiple defects including uneven coverage, paint drips, and unpainted sections. The respondent notified the applicant the same day. The applicant did not return to rectify the defects. On 20 February 2024, the respondent engaged a second contractor to complete the work at a cost of $3,200.”

Step 4: Identify Your Evidence

List the documents and evidence you will rely on:

• Contracts or agreements
• Invoices and receipts
• Emails, text messages, or letters
• Photographs or videos
• Bank statements
• Quotes from other suppliers
• Expert reports (if applicable)
• Witness statements

You typically do not attach all evidence to your response. The tribunal will set directions for exchanging evidence later. But you must identify what you have.

Do not claim evidence that does not exist. If you say you will produce a signed contract and cannot, you lose credibility.

Step 5: Raise Any Defences

A defence is a legal reason why the applicant should not succeed, even if their facts are true. Common defences include:

• Breach by the applicant — they failed to meet their obligations first
• Payment already made — you have paid the amount claimed
• Limitation period expired — the claim is typically too old after 6 years
• No contract existed — there was no binding agreement
• Work not completed — the applicant did not finish the job
• Defective goods or services — what you received was not fit for purpose

State your defence clearly and link it to the facts:

“The respondent denies liability on the basis that the applicant breached the contract by failing to complete the work to a reasonable standard. The respondent is entitled to withhold payment until the defects are rectified or to set off the cost of rectification against the amount claimed.”

Step 6: Include a Counterclaim (If Applicable)

If you are making your own claim against the applicant, you may be able to bring a counterclaim. How depends on the tribunal: VCAT treats a counterclaim as a separate application, NCAT allows a cross-claim only in some types of case, and QCAT allows a counter application in consumer and trader, tenancy and dividing fence disputes but not in a minor debt dispute.

A counterclaim must:

• Arise out of the same facts or transaction
• Be within the tribunal’s jurisdiction (limits vary by state and type of claim)
• Be supported by evidence

If the applicant is suing you for $5,000 for unpaid work, and you paid another contractor $3,200 to fix their defective work, you can counterclaim for $3,200.

Set out your counterclaim the same way as the original application:

• State the facts
• Identify the legal basis
• Specify the amount
• List the orders you want

Step 7: Draft the Formal Response Document

Where your tribunal provides a form, such as QCAT’s Form 7 in a minor debt claim, use it. If no form is provided, structure your response like this:

Header:

• Name of the tribunal
• Case number
• Names of the parties
• Document title: “Response to Application”

Introduction:

• Identify yourself as the respondent
• State you are responding to the application filed on [date]

Admissions and Denials:

• Address the applicant’s claims paragraph by paragraph

Respondent’s Version of Events:

• Set out your chronological account

Evidence:

• List the documents and evidence you will rely on

Defences:

• State any legal defences

Counterclaim (if applicable):

• Set out your counterclaim in full

Orders Sought:

• State what you want the tribunal to do

Signature and Date:

• Sign and date the document

Step 8: File and Serve Your Response

Check the tribunal’s rules for any filing deadline. In a QCAT minor debt claim it is 28 days from service; VCAT’s respondent page for goods and services disputes and NCAT’s respondent page for its Consumer and Commercial Division set out no response deadline.

File your response by:

• Uploading through the tribunal’s online portal
• Emailing the tribunal registry
• Posting or delivering in person

You must also serve a copy on the applicant by:

• Email (if they provided an email address)
• Post to their address
• Hand delivery

Keep proof of service. If the applicant claims they did not receive your response, you need to prove you sent it.

Common Mistakes to Avoid

Being vague. Say exactly what you disagree with and why.

Admitting too much. Only admit facts that are clearly true. If unsure, deny the claim and let the applicant prove it.

Ignoring the deadline. File on time. If you miss it, apply for an extension immediately.

Failing to follow tribunal rules. If the rules require you to attach evidence, do it. If unsure, check the rules or call the registry.

Making it personal. Focus on facts and law, not insults or emotions.

How Claim Done Helps

Claim Done’s Tribunal Response drafts your response to a tribunal application for $129. You upload the application and your evidence. Our Programmatic Algorithms analyse the claims, identify the issues, and draft four documents:

• A response summary
• A defence position statement setting out your version of events and any applicable defences
• A chronology
• An evidence list

It does not make a counterclaim. You attach your own evidence and file and serve the documents yourself.

Claim Done does not give legal advice.

What Happens After You File

Once your response is filed and served:

1. Wait for directions. The tribunal will issue directions setting out the next steps (evidence exchange, conciliation, hearing date).
2. Comply with all directions. If the tribunal orders you to provide documents by a certain date, do it.
3. Prepare for conciliation. Most tribunals require a conciliation conference before a hearing. Be ready to negotiate.
4. Prepare for the hearing. Organise your evidence, prepare your witnesses, and know your case.

A well-drafted response shows the tribunal and the applicant that you take the matter seriously and have a credible defence. Need a tribunal response prepared fast? Prepare your tribunal response with Claim Done for $129, delivered in about 5 minutes.

Frequently Asked Questions

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

If you do nothing, the tribunal can decide the case without you. In a QCAT minor debt claim, the applicant can ask for a decision by default. VCAT says that if a respondent does not come, it may make a decision that affects them, and NCAT says it will probably hear the application in your absence and enforceable orders may be made against you.

Can I file my response late?

You can apply for an extension of time, but you must do so before the deadline expires or as soon as possible after. You need to explain why you need more time and show that you have a genuine intention to defend the claim. The tribunal has discretion to grant or refuse the extension.

Do I need a lawyer to draft a tribunal response?

No. Tribunals are designed to be accessible without legal representation. Many people represent themselves successfully. Claim Done can prepare the response document for straightforward matters.

What is the difference between denying a claim and not admitting it?

Denying a claim means you say it is false. Not admitting a claim means you do not have enough information to admit or deny it. Use ‘do not admit’ sparingly — only when you genuinely lack knowledge of the facts. If you know the claim is wrong, deny it.

Can I include a counterclaim in my response?

It depends on the tribunal: VCAT treats a counterclaim as a separate application, NCAT allows a cross-claim only in some types of case, and QCAT allows a counter application in consumer and trader, tenancy and dividing fence disputes but not in a minor debt dispute. Set out the facts, legal basis, and the orders you are seeking.