How to Respond to a VCAT Application You Disagree With

You have been named as a respondent in a Victorian Civil and Administrative Tribunal (VCAT) application. You disagree with the claim. VCAT’s respondent page for goods and services disputes sets out no response form and no response deadline, but if you do not come to the hearing, VCAT may make a decision that affects you.

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 in Victoria, what to prepare, the dates that apply, and when you can file a counterclaim.

What is a VCAT response?

A VCAT response is your written reply to the applicant’s claim. 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.

The response tells the tribunal:

• Whether you admit or deny the claim
• Your version of the facts
• Any defences you rely on
• Whether you are making a counterclaim

Failing to file a response does not make the case go away. If you do not attend, VCAT may make a decision that affects you, and that decision can be enforced by a court.

Check which VCAT list applies

VCAT is divided into different lists depending on the type of dispute. The process differs:

• Civil Claims List — goods and services disputes, including debts and unpaid money, contract disputes and property damage
• Residential Tenancies List — bond disputes, repairs, eviction challenges
• Domestic Building List — defective building work, contract disputes with builders
• Owners Corporations List — disputes between lot owners and body corporates

The application you received will state which list it has been filed in. Check the heading on the first page.

The dates that matter

For goods and services disputes, VCAT’s respondent page sets out no response deadline and no response form. For building and construction disputes, VCAT’s respondent page describes a document responding to the application that says whether you agree or disagree and why, also called a defence, and says that if you are attending a hearing or mediation before a directions hearing, you must send copies of the documents that support your case to VCAT and all other parties before you come to VCAT. Whatever the list, follow the dates in your notice and VCAT’s orders.

What to include in your response

Your response must be clear, specific, and supported by evidence where possible.

Admit or deny each allegation Go through the applicant’s claim point by point. State whether you admit, deny, or do not know enough to admit or deny each fact.

Set out your version Explain what actually happened. If the applicant says you failed to pay for work done, explain why — defective work, no invoice received, work not completed.

Identify your defences Common defences include:

• The contract was never formed
• The applicant breached the contract first
• The goods or services were defective
• The claim is out of time
• The amount claimed is wrong or inflated

Attach supporting documents Include copies of:

• Contracts or agreements
• Invoices, receipts, or payment records
• Photos of defective work or damaged goods
• Email or text message exchanges
• Expert reports (for building or technical disputes)

Label each document clearly (e.g., “Attachment A – Contract dated 12 March 2024”).

How to send your response

Send your response and the documents you will rely on to the applicant, and to VCAT if your notice or VCAT’s orders ask for them. Send them by email, post, or personal delivery, and keep proof that you sent them (email receipt, Australia Post tracking).

Filing a counterclaim at VCAT

If the applicant owes you money or has 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.

When to counterclaim Use a counterclaim when:

• The applicant owes you for the same transaction (e.g., you are a builder, they claim defects, you claim unpaid invoices)
• The applicant damaged your property during the dispute
• The applicant breached a contract and you suffered loss

How to make a counterclaim Make it as a separate application to VCAT. You must:

• State the amount you are claiming
• Explain the basis of your claim
• Attach supporting evidence

Fees change each 1 July; check the current fee on the tribunal’s or court’s website before you file.

Counterclaim limits Your counterclaim must be one VCAT can hear in that list. Check the list’s page on VCAT’s website before you file.

If VCAT cannot hear your counterclaim, you may need to file separately in the Magistrates’ Court or County Court.

What happens next

VCAT will:

1. Set a directions hearing or compulsory conference — most VCAT matters go through a settlement conference first
2. Issue a hearing notice — if the matter does not settle, VCAT will schedule a final hearing

Compulsory conference VCAT encourages settlement. A VCAT member or mediator will facilitate a discussion between both parties. The conference is without prejudice — anything said cannot be used at the hearing.

Many cases settle at this stage. If you reach agreement, VCAT will make consent orders and close the file.

Final hearing If settlement fails, the matter proceeds to a hearing. Both parties present evidence, call witnesses, and make submissions. The VCAT member makes a binding decision.

Common mistakes when responding to VCAT applications

Missing a date Follow every date in VCAT’s notice and orders, including the 14-day evidence rule before an in-person goods and services hearing. If you cannot meet one, contact VCAT before it passes.

Not sending the applicant your evidence For an in-person goods and services hearing, VCAT requires you to send the applicant copies of your evidence at least 14 days before the hearing.

Not attaching evidence A response without supporting documents is weak. VCAT members decide cases on evidence, not assertions.

Admitting facts you should deny If you are unsure whether something is true, say so. Do not admit allegations just to be cooperative.

Filing a counterclaim in the wrong list If your counterclaim is unrelated to the original dispute, it may need to be filed as a separate application.

How Claim Done helps with VCAT responses

Claim Done’s Tribunal Response / Defence Pack service drafts your side of a VCAT application from your answers and the evidence you describe.

You provide:

• A copy of the VCAT application
• Your version of events
• Supporting documents (contracts, invoices, photos, emails)

Claim Done’s Programmatic Algorithms draft four separate A4 PDFs:

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

The documents are drafted in about 5 minutes. You review them, attach your own evidence and send it yourself. Claim Done does not prepare VCAT forms, counterclaims or an evidence bundle, and does not file or serve anything for you.

Flat fee. No subscription. Australia-wide.

Final checklist

Before the hearing, confirm:

• [ ] You have admitted or denied each allegation
• [ ] You have attached all supporting documents
• [ ] You have made any counterclaim as a separate application
• [ ] You have sent your evidence to the applicant by the date VCAT sets
• [ ] You have kept proof that you sent it

A properly prepared response gives you the best chance of a fair hearing. If you disagree with a VCAT application, respond in writing, on time, with evidence — and if you need help preparing your response, Claim Done’s Tribunal Response drafts your response summary, defence position statement, chronology and evidence list.

Frequently Asked Questions

What happens if I don't respond to a VCAT application?

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

Is there a 14-day deadline to respond to VCAT?

VCAT’s respondent page for goods and services disputes sets out no response form and no response deadline. Follow the dates in your notice and VCAT’s orders, including sending your evidence to the applicant at least 14 days before an in-person hearing. If you do not attend, VCAT may make a decision that affects you, and that decision can be enforced by a court.

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

No. VCAT is designed for self-represented parties. You can prepare your own response. Legal representation is allowed in most lists, but not required.

Can I file a counterclaim if the applicant owes me money?

Yes. VCAT treats a counterclaim as a separate application, and you may need to pay an application fee. Fees change each 1 July; check the current fee on the tribunal’s or court’s website before you file. Your counterclaim must be one VCAT can hear in that list.

What evidence should I attach to my VCAT response?

Attach copies of contracts, invoices, receipts, emails, text messages, photos, expert reports, or any other documents that support your version of events. Label each document clearly and refer to it in your response.