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. How you prepare, and whether you attend, will shape whether you defend it well or waste time on procedural mistakes.

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

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. Read everything you received straight away.

Is there a response deadline?

VCAT’s respondent page for goods and services disputes sets out no response form and no response deadline. The dates that matter are in the notice VCAT sends you and in any orders it makes. 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.

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

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:

Written response VCAT’s respondent page for goods and services disputes sets out no response form. A short written response that says, for each of the applicant’s claims, whether you agree or disagree and why, helps the Member see what is in dispute.

Written statement of your case A clear narrative explaining what happened from your perspective. Use numbered paragraphs.

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

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, made as a separate application to VCAT. 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

How to make it VCAT treats a counterclaim as a separate application. Make it as soon as you can, and check VCAT’s website for how to apply.

Counterclaim fee You may need to pay an application fee. Check the current fee on VCAT’s website.

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 sending your documents to the applicant For an in-person goods and services hearing, VCAT requires you to send the applicant copies of the documents you plan to use as evidence at least 14 days before the hearing. Follow any instructions in your notice and VCAT’s orders about sending documents to VCAT as well.

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 a decision that affects you.

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 next

The matter then moves through these stages:

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 the hearing, check:

• [ ] Written response prepared, with numbered paragraphs
• [ ] All supporting documents numbered
• [ ] Counterclaim made as a separate application (if applicable), with any fee paid
• [ ] Copies of your evidence sent to the applicant by the date VCAT sets (at least 14 days before an in-person goods and services hearing)
• [ ] Proof of sending kept (email receipt or Australia Post tracking)
• [ ] Copy of everything kept for your records

How Claim Done helps Victorian respondents

Claim Done’s Tribunal Response ($129) drafts your side of the case from your answers. You tell us what documents you have, answer a short intake form, and our Programmatic Algorithms draft four separate A4 PDFs:

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

Claim Done does not give legal advice. It does not prepare VCAT forms, counterclaims, witness statements or an evidence bundle, and it does not file or serve anything for you. You review the documents, attach your own evidence and send it yourself.

Flat fee. No subscription. Australia-wide. Prepare your Tribunal Response with Claim Done.

Frequently Asked Questions

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

VCAT’s respondent page for goods and services disputes sets out no response form and no response deadline. The hearing still goes ahead: if you do not attend, VCAT may make a decision that affects you, and that decision can be enforced by a court.

How do I make a counterclaim at VCAT?

VCAT treats a counterclaim as a separate application, and you may need to pay an application fee. Make it as early as you can and check VCAT’s website for how to apply.

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.

How do I send my documents to the applicant?

You can send them by email (if you have their email address), by post to their last known address, or by hand delivery. Keep proof that you sent them — 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.