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.

Before you do, check what the tribunal actually asks of you. What you must do, and by when, depends on the tribunal and the type of claim, and it is set out in the documents you were served. If you do nothing, the tribunal can decide the case without you.

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 about 5 minutes.

What is a tribunal response?

A tribunal response (also called a defence or reply) is the document that sets out your side when you contest a tribunal application made against you.

A good response:

• Addresses each allegation made in the application
• Sets out your version of events and any defences
• Uses the tribunal’s form if the tribunal requires one (QCAT’s Form 7 in a minor debt claim, for example)
• Is given to the tribunal and the applicant as your notice directs

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.

Follow the notice you were served

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. Send documents in the way your notice or the tribunal’s website says. For a VCAT phone or video hearing, for example, VCAT asks for documents by email by the deadline in your notice.

What happens if you do nothing

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.

In a QCAT minor debt claim, if a decision by default is made, you can apply to have it set aside: you need to explain why a response was not filed in time and include your response to the original application.

Acting on time is far easier than undoing a decision made without you.

What a tribunal response must contain

Where a tribunal has its own form, use it. Either way, a response needs 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

The time you have to respond depends on the tribunal and the type of claim, and it is set out in the documents you were served. In QCAT, for example, a written response (Form 7) is due within 28 days only in a minor debt claim; in consumer, tenancy and fence disputes no response form is required. If the deadline is not clear, ask the tribunal’s registry straight away.

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 lodge or send your response

Where the tribunal requires a response, it will say how to lodge it. Where it does not, send your documents as your notice directs.

Steps to file:

1. Complete the tribunal’s form if it requires one (download it from the tribunal website)
2. Attach any supporting documents if required
3. Pay the filing fee if applicable
4. Lodge or send it by any date the tribunal sets
5. Give a copy to the applicant if the tribunal requires it (email, post, or hand delivery)
6. Keep proof (email receipt, Australia Post tracking)

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 next

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

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

Missing a date In a QCAT minor debt claim, missing the 28 days can lead to a decision by default. If you cannot meet a date the tribunal sets, ask for more time before it passes.

Not giving the applicant a copy Where the tribunal requires it, give the applicant a copy of what you file. QCAT, for example, says you must give a copy of any reply, evidence or counter application to QCAT and to the other parties.

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

Claim Done’s Tribunal Response drafts your side of the case from your answers.

What you get: four separate A4 PDFs.

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

It does not complete the tribunal’s own forms, prepare witness statements or compile an evidence bundle, and it does not lodge, file or serve anything for you.

How it works:

1. Tell us about the tribunal application and any supporting documents
2. Answer a 10-minute intake form about your side of the story
3. Our Programmatic Algorithms draft the four documents from your answers
4. Download your response pack in about 5 minutes
5. Attach your own evidence and use the documents as your tribunal requires

Flat fee of $129. No subscription. All Australian states and territories.

This is not legal advice — it is document preparation.

Final checklist

• [ ] Tribunal’s form completed, if your tribunal requires one
• [ ] Each allegation addressed (admit, deny, do not admit)
• [ ] Your version of events set out clearly
• [ ] Defences identified and explained
• [ ] Evidence list attached
• [ ] Lodged or sent by any date the tribunal sets
• [ ] Copy given to the applicant where required
• [ ] Proof 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 ready

You cannot ignore a tribunal application. Check what your tribunal requires, meet any date it sets, and attend the hearing.

Claim Done prepares your tribunal response in about 5 minutes, addressing each allegation and setting out your defences clearly. Flat fee of $129. All states. No subscription. Start now and protect your position.

Frequently Asked Questions

Can I respond to a tribunal application by email?

It depends on the tribunal and the stage, so follow your notice. For a VCAT phone or video hearing, for example, VCAT asks for documents by email by the deadline in your notice. Where a tribunal requires a form, such as QCAT’s Form 7 in a minor debt claim, use the form.

What happens if I miss a response deadline?

In a QCAT minor debt claim, the applicant can ask QCAT for a decision by default. If a decision by default is made, you can apply to have it set aside: you need to explain why a response was not filed in time and include your response to the original application. Where there is no response deadline, as in VCAT goods and services disputes and NCAT Consumer and Commercial Division cases, the risk is not attending the hearing. Act as soon as you realise a date has passed.

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

Follow your tribunal’s rules. VCAT, for example, requires you to send the applicant copies of your evidence at least 14 days before an in-person goods and services hearing, and QCAT lets you file a reply or evidence up to 7 days before the hearing in consumer and trader disputes.

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.