How to Respond to a VCAT Application When You’re the Respondent

You have been served with a VCAT application. The applicant wants money, an order, or some other remedy from you. You now have a strict deadline to respond, and how you respond will determine whether you defend successfully, lose by default, or waste time on procedural mistakes.

This guide explains how to respond to a VCAT application when you are the respondent, covering Defence Pack preparation, counterclaim strategy, and the procedural traps that catch most unrepresented parties.

What happens when you are served with a VCAT application

The applicant files their application with VCAT and pays the filing fee. VCAT then serves you with:

• The application form, setting out what they want and why
• A copy of any supporting documents or evidence they filed
• A notice of hearing date (in some cases)
• Instructions on how to respond

You are now the respondent. The clock starts ticking the moment you are served.

Your response deadline and what happens if you miss it

Most VCAT matters require you to file a response within 14 days of being served. Some lists allow 21 days. Check the notice you received.

If you miss the deadline:

• VCAT may proceed to a hearing without your defence
• The applicant can apply for a default order
• You may need to apply for leave to file a late response, which VCAT can refuse
• You typically lose the chance to file a counterclaim

Missing the deadline does not automatically mean you lose, but it puts you on the back foot and signals to VCAT that you are not taking the matter seriously.

What goes in a VCAT Defence Pack

A Defence Pack is a bundle of documents that sets out your version of events, disputes the applicant’s claims, and provides the evidence to back it up.

Your Defence Pack should include:

Response to Application form The prescribed VCAT form where you tick whether you admit, deny, or do not know each allegation. Do not leave anything blank. If you do not respond to a claim, VCAT may treat it as admitted.

Written statement of your case A clear narrative explaining what happened from your perspective. Use numbered paragraphs. Attach this as a separate document if the form does not have enough space.

Supporting documents Contracts, invoices, emails, text messages, photos, receipts, bank statements. Number each document and refer to it in your statement.

Witness statements (if applicable) If someone else saw or heard what happened, prepare a signed witness statement. It must be in first person, dated, and signed by the witness.

Counterclaim (if applicable) If the applicant owes you money or breached the same contract, file a counterclaim at the same time.

How to structure your written defence

VCAT members read dozens of applications every week. A clear, structured defence is more persuasive than a rambling narrative.

Use this structure:

Introduction State who you are, your relationship to the applicant, and what the dispute is about in one or two sentences.

Chronology Set out the key events in date order. Use bullet points or numbered paragraphs. Be specific: “On 12 March 2024, the applicant sent me an invoice for $3,200” is better than “The applicant invoiced me.”

Your position on each claim Go through the applicant’s claims one by one. For each claim, say whether you admit it, deny it, or do not have enough information. If you deny it, explain why and refer to your evidence.

Relevant contract terms If the dispute involves a written contract, quote the relevant clause. Stick to what is clearly written.

Conclusion State what you want VCAT to do: dismiss the application, reduce the amount claimed, or make a different order.

When and how to file a counterclaim

A counterclaim is your own claim against the applicant, filed as part of the same proceeding. You can counterclaim if:

• The applicant owes you money arising from the same transaction
• The applicant breached the same contract they are suing you under
• You suffered loss or damage caused by the applicant’s conduct

Filing deadline You must file your counterclaim with your Defence Pack, within the same 14-day window. If you file it late, you need VCAT’s permission.

Counterclaim fee You pay the same filing fee as the applicant paid. For most residential tenancies and small civil claims, this ranges from $67.70 to $335.90 depending on the amount claimed.

What to include Your counterclaim must be a separate document, setting out:

• The factual basis for your claim
• The amount you are claiming (be specific)
• The legal basis (breach of contract, negligence, consumer law breach, etc.)
• The evidence supporting your claim

If your counterclaim succeeds, VCAT can offset it against the applicant’s claim or order the applicant to pay you the difference.

Procedural traps that cost respondents their case

Trap 1: Not serving your Defence Pack on the applicant You must file your Defence Pack with VCAT and serve a copy on the applicant (or their representative). If you only file with VCAT, the applicant can object and VCAT may strike out your defence.

Trap 2: Filing evidence after the deadline VCAT sets strict timetables for filing evidence. If you try to introduce new documents at the hearing without filing them in advance, VCAT can refuse to admit them.

Trap 3: Not attending the directions hearing Many VCAT matters have a directions hearing before the final hearing. This is where VCAT sets the timetable, orders further evidence, and sometimes resolves the matter by consent. If you do not attend, VCAT may make orders against you by default.

Trap 4: Admitting claims you should dispute If the applicant claims you owe $5,000 but you only owe $2,000, do not admit the full amount. VCAT needs to know what is genuinely in dispute. Admit what is true, deny what is not, and explain the difference.

Trap 5: Ignoring VCAT orders If VCAT orders you to file further evidence or attend mediation, comply. Ignoring VCAT orders can result in your defence being struck out or costs being awarded against you.

What happens after you file your Defence Pack

Once VCAT receives your Defence Pack, the matter moves to the next stage:

Compulsory conference or mediation VCAT may list the matter for a compulsory conference, where a VCAT mediator tries to help both parties reach a settlement. This is not a hearing and no decision is made. If you settle, VCAT makes consent orders and the matter ends.

Directions hearing If the matter does not settle, VCAT lists it for a directions hearing. The member reviews both parties’ documents, sets a timetable for any further evidence, and fixes a final hearing date.

Final hearing This is where both parties present their case, call witnesses, and VCAT makes a binding decision. The hearing is usually less formal than a court, but you still need to present your evidence clearly and respond to the applicant’s case.

Final checklist before you file

Before you lodge your Defence Pack with VCAT, check:

• [ ] Response to Application form completed and signed
• [ ] Written statement attached, with numbered paragraphs
• [ ] All supporting documents numbered and attached
• [ ] Counterclaim filed (if applicable) with separate fee paid
• [ ] Copy of Defence Pack served on the applicant by email or post
• [ ] Proof of service kept (email read receipt or Australia Post tracking)
• [ ] Filing fee paid (check VCAT website for current fees)
• [ ] Copy of everything kept for your records

File your Defence Pack at the correct VCAT registry. Most matters can be filed online through the VCAT portal. If filing by post, use registered post and keep the receipt.

When to get a lawyer

You do not need a lawyer for most VCAT matters. The tribunal is designed for self-represented parties. But consider legal advice if:

• The claim is over $10,000
• The applicant is represented by a lawyer
• The matter involves complex contract interpretation
• You are facing an application to wind up your company
• The outcome will affect your business, livelihood, or property rights

A lawyer can represent you at VCAT or just review your Defence Pack before you file it. Many offer fixed-fee advice for tribunal matters.

How ClaimDone helps Victorian respondents

ClaimDone prepares your VCAT Defence Pack using your evidence and statement. You upload your documents, answer a short intake form, and our Proprietary AI Engine generates:

• A structured Response to Application form
• A written statement of your case in numbered paragraphs
• A counterclaim document (if applicable)
• A filing checklist with the correct VCAT registry address

ClaimDone does not give legal advice. For complex disputes, high-value claims, or matters involving legal interpretation, consult a Victorian lawyer. But for straightforward residential tenancy, consumer, or small civil disputes, ClaimDone gives you a professionally formatted Defence Pack in under 60 minutes.

Flat fee. No subscription. Australia-wide. Prepare your VCAT Defence Pack with ClaimDone and file with confidence.

Frequently Asked Questions

What happens if I do not respond to a VCAT application?

VCAT may proceed to a hearing without your defence and make orders against you by default. You can apply for leave to file a late response, but VCAT can refuse if you do not have a good reason for the delay.

Can I file a counterclaim after I have already filed my Defence Pack?

You need VCAT’s permission to file a late counterclaim. It is much easier to file it with your Defence Pack within the original 14-day deadline. If you miss that window, you may need to make a separate application and pay an additional fee.

Do I need a lawyer to respond to a VCAT application?

No. VCAT is designed for self-represented parties and most matters do not require a lawyer. However, if the claim is over $10,000, involves complex legal issues, or the other party is legally represented, consider getting advice.

How do I serve my Defence Pack on the applicant?

You can serve by email (if you have their email address), by post to their last known address, or by hand delivery. Keep proof of service — an email read receipt, Australia Post tracking number, or a signed acknowledgment if delivered in person.

What is the difference between a directions hearing and a final hearing at VCAT?

A directions hearing is a short procedural hearing where VCAT sets the timetable, orders further evidence, and sometimes resolves the matter by consent. A final hearing is where both parties present their full case and VCAT makes a binding decision.