Responding to a Tribunal Application: What You Need to File in Your Defence

You’ve been served with a tribunal application. Someone claims you owe them money, breached a contract, or damaged their property. You know their version is incomplete or wrong. So you draft an email explaining your side and hit send to the tribunal.

That email will be ignored. Tribunals don’t accept defences by email, letter, or phone call. They require a formal response filed on the correct form, within strict deadlines, or you lose by default.

This guide explains how to respond to a tribunal application in Australia — what documents you must file, what happens if you don’t, and how Claim Done prepares your defence pack in under 60 minutes.

What is a tribunal response?

A tribunal response (also called a defence or reply) is the formal document you file to contest a tribunal application made against you.

It must:

Be filed on the tribunal’s prescribed form (varies by state)
Address each allegation made in the application
Set out your version of events and any defences
Be filed within the deadline (typically 14-28 days from service)
Be served on the applicant

If you don’t file a response, the tribunal can make orders against you without hearing your side.

Why an email to the registry won’t work

Tribunals follow procedural rules so both parties know what the other is claiming, what evidence will be relied on, and what the hearing will cover.

An email to the tribunal registry:

Is not a filed document
Does not comply with the tribunal’s forms
Does not trigger the procedural steps that follow
Will not be forwarded to the applicant
Will not be read by the member deciding your case

You must file a formal response on the correct form.

What happens if you don’t file a response

Most tribunals allow the applicant to apply for default orders if you fail to file a response within the deadline.

Default orders can include:

Judgment for the full amount claimed
Orders to pay the applicant’s filing fee
Orders to vacate a property, return goods, or comply with other demands
No hearing — the tribunal decides based on the applicant’s version alone

Once default orders are made, you can apply to set them aside, but you must typically show a reasonable explanation for not filing on time, an arguable defence, and no significant prejudice to the applicant.

Filing on time is far easier than undoing a default judgment.

What a tribunal response must contain

Each state tribunal has its own form, but all require the same core information.

Your details

Full legal name (individual or company)
Address for service
Contact phone and email

Your position on each claim

The applicant’s statement of claim will set out numbered allegations. Your response must address each one:

Admit — you agree the fact is true
Deny — you dispute the fact and will prove otherwise
Do not admit — you have no knowledge and require the applicant to prove it

Do not leave allegations unanswered. If you do not deny something, it may be treated as admitted.

Your version of events

Set out the facts as you understand them:

What happened, when, where
What was agreed (verbally or in writing)
What you did or did not do
Why the applicant’s version is wrong or incomplete

Your defences

If you have a legal defence, state it clearly:

Payment — you already paid the amount claimed
No contract — there was no binding agreement
Breach by applicant — they breached first, entitling you to terminate or withhold payment
Limitation period — the claim is too old
Set-off or counterclaim — you are owed money by the applicant that reduces or cancels their claim

Evidence you will rely on

List the documents and witnesses you intend to use at the hearing:

Contracts, invoices, receipts, emails, text messages
Photos, videos, inspection reports
Witness statements from people who saw or heard relevant events

You don’t need to attach all evidence to your response, but you must identify it so the tribunal and the applicant know what’s coming.

Deadlines for filing your response

Deadlines vary by state and tribunal, but common timeframes are:

If the deadline falls on a weekend or public holiday, it is usually extended to the next business day. Check the tribunal’s rules or the notice of hearing for the exact date.

How to file your response

Most tribunals now accept online filing through their member portals. You can also file by post or in person at the tribunal registry.

Steps to file:

Complete the response form (download from the tribunal website or use the form served with the application)
Attach any supporting documents if required
Pay the filing fee if applicable
File online, by post, or in person before the deadline
Serve a copy on the applicant (email, post, or hand delivery)
Keep proof of service (email receipt, Australia Post tracking, statutory declaration)

If you file online, you will receive an automated receipt. If you file by post, send it registered or express post with tracking.

What happens after you file

Once your response is filed, the tribunal will typically:

List the matter for a directions hearing or preliminary conference
Send both parties a notice with the hearing date and any pre-hearing steps
May order you to file witness statements, expert reports, or further particulars
Set a final hearing date (usually 2-6 months after the response is filed)

At the directions hearing, the tribunal member will confirm the issues in dispute, set a timetable for evidence exchange, explore settlement options, and give directions for the final hearing.

You must attend all hearings. If you do not, the tribunal can proceed without you and make orders in your absence.

Common mistakes when filing a response

Filing late Even one day late can result in default orders. If you cannot meet the deadline, apply for an extension before it expires.

Not serving the applicant Filing with the tribunal is not enough. You must also serve your response on the applicant. If you don’t, the tribunal may reject your response or adjourn the hearing.

Admitting too much Do not admit facts you are unsure about. If you lack knowledge, say “do not admit” and require the applicant to prove it.

Failing to identify your evidence If you do not list your documents and witnesses in your response, the tribunal may refuse to admit them at the hearing.

Using vague language “I disagree” is not a defence. Be specific: what fact do you dispute, what is your version, what evidence supports it.

How Claim Done prepares your tribunal response

ClaimDone’s Tribunal Response / Defence Pack service generates a complete response tailored to your state tribunal and the allegations against you.

What you get:

Completed response form on the correct tribunal template
Point-by-point response to each allegation (admit, deny, do not admit)
Your version of events set out clearly
Legal defences identified and articulated
Evidence list and witness outline
Filing instructions and deadline reminders
Service checklist

How it works:

Upload the tribunal application and any supporting documents
Answer a 10-minute intake form about your side of the story
Our Proprietary AI Engine drafts your response based on applicable tribunal rules
Download your response pack in under 60 minutes
File it with the tribunal and serve it on the applicant

Flat fee of $197. No subscription. All Australian states and territories.

This is not legal advice — it is document preparation. For complex disputes, high-value claims, or cases involving fraud, negligence, or personal injury, consult a lawyer.

When to get a lawyer instead

Claim Done is designed for straightforward tribunal disputes where the facts are clear. You should consult a lawyer if:

The claim exceeds $25,000
The applicant is represented by a lawyer
The dispute involves fraud, misrepresentation, or professional negligence
You are a company facing a statutory demand or wind-up application
The matter involves family law, criminal charges, or immigration
You have already lost at first instance and need to appeal

A lawyer can appear at hearings, cross-examine witnesses, and make legal submissions. Claim Done prepares the documents — you represent yourself.

Final checklist before you file

[ ] Response form completed on the correct tribunal template
[ ] Each allegation addressed (admit, deny, do not admit)
[ ] Your version of events set out clearly
[ ] Defences identified and explained
[ ] Evidence list attached
[ ] Filed before the deadline
[ ] Copy served on the applicant
[ ] Proof of service kept on file

If you miss any of these steps, your response may be rejected or you may be denied the opportunity to present your case.

Get your tribunal response filed before the deadline

You cannot ignore a tribunal application. You cannot email your side of the story. You must file a formal response on the correct form, within the deadline, or you lose by default.

ClaimDone prepares your tribunal response in under 60 minutes, addressing each allegation and setting out your defences clearly. Flat fee of $197. All states. No subscription. Start now and protect your position before the deadline expires.

Frequently Asked Questions

Can I respond to a tribunal application by email?

No. Tribunals require a formal response filed on their prescribed form. An email to the registry will not be treated as a defence and you will be at risk of default orders.

What happens if I file my response one day late?

The applicant can apply for default orders. You may be able to apply for an extension or to set aside the default, but you must show a reasonable excuse and an arguable defence. It is far easier to file on time.

Do I need to attach all my evidence to the response form?

No, but you must list the documents and witnesses you intend to rely on. The tribunal will set a timetable for exchanging evidence after your response is filed.

Can I change my response after I file it?

Yes, but you need the tribunal’s permission to amend your response. Apply early if you discover new facts or realise you made an error. Do not wait until the hearing.

What if I don't understand the legal terms in the application?

You can respond in plain English. Set out your version of events clearly and deny the facts you dispute. If the applicant uses legal jargon you don’t understand, say ‘do not admit’ and require them to prove it.

Need this document prepared for you?

ClaimDone generates professional legal documents from your evidence in under 60 minutes. Flat fee. No subscription.

Let’s Begin →