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. You now have a strict deadline to file a response, or the tribunal may decide the matter without hearing your side.

This guide explains how to respond to a VCAT application in Victoria, what forms to use, the timeframes that apply, and when you can file a counterclaim.

What is a VCAT response?

A VCAT response is your formal reply to the applicant’s claim, filed using a prescribed form. It must be lodged within the timeframe set by VCAT — typically 14 days from the date you were served.

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. VCAT can proceed to a hearing and make orders against you in your absence.

Check which VCAT list applies

VCAT is divided into different lists depending on the type of dispute. The response process and forms differ:

• Civil Claims List — debts, contract disputes, property damage (up to $100,000)
• 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
• Goods and Services List — consumer disputes

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

Timeframe to file your response

14 days is the standard deadline from the date you were served. Some lists allow 21 days. The application notice will specify your deadline.

If you miss the deadline, you can apply for an extension, but you must have a reasonable excuse. VCAT may refuse late responses if the delay is unexplained or prejudices the other party.

Required forms for a VCAT response

The form you need depends on the list:

Civil Claims List Use Form 3 – Response to a Civil Claim. Available on the VCAT website.

Residential Tenancies List Use Form 5 – Response to a Residential Tenancies Dispute Application. Different sections for tenants and landlords.

Domestic Building List Use Form 6 – Response to a Domestic Building Dispute Application. Requires details of any building contracts and defects alleged.

Goods and Services List Use Form 7 – Response to a Goods and Services Dispute Application. Must address each allegation in the application.

All forms are available at vcat.vic.gov.au under the relevant list’s forms section.

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 file your response

You can file your VCAT response:

Online — via the VCAT portal (requires registration) By post — mail to the relevant VCAT registry (check the application for the address) In person — at a VCAT registry office (Melbourne CBD, Sunshine, Moorabbin, Dandenong, Geelong, Bendigo, Ballarat)

You must also serve a copy on the applicant — either by email, post, or personal delivery. Keep proof of service (email receipt, Australia Post tracking, statutory declaration).

Filing a counterclaim at VCAT

If the applicant owes you money or has breached the same contract, you can file a counterclaim as part of your response.

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 file a counterclaim Tick the counterclaim box on your response form and complete the counterclaim section. You must:

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

There is typically no extra fee to file a counterclaim if it arises from the same facts as the original application.

Counterclaim limits Your counterclaim cannot exceed VCAT’s jurisdictional limit for that list:

• Civil Claims List: $100,000
• Residential Tenancies List: no monetary limit for bond disputes; $10,000 for compensation claims
• Domestic Building List: $500,000
• Goods and Services List: $100,000

If your counterclaim exceeds the limit, you may need to file separately in the Magistrates’ Court or County Court.

What happens after you file your response

Once your response is filed, VCAT will:

1. Send a copy to the applicant — they have a right to see your defence
2. Set a directions hearing or compulsory conference — most VCAT matters go through a settlement conference first
3. 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 the deadline The 14-day timeframe is strict. If you are unsure whether you can meet it, apply for an extension immediately — do not wait until after the deadline has passed.

Failing to serve the applicant Filing with VCAT is not enough. You must also serve a copy on the other party and file proof of service.

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.

When to get legal help

You do not need a lawyer to respond to a VCAT application, but legal assistance can help if:

• The claim is complex or involves multiple contracts
• The amount in dispute is significant
• You are unfamiliar with the relevant law
• The applicant is represented by a lawyer or advocate

VCAT allows legal representation in most lists, but you must apply for permission in some cases (e.g., Residential Tenancies List for claims under $10,000).

How ClaimDone helps with VCAT responses

ClaimDone’s Tribunal Response / Defence Pack service prepares a complete response to a VCAT application based on the evidence you upload.

You provide:

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

ClaimDone’s Proprietary AI Engine analyses the claim, identifies the applicable defences, and generates:

• A completed VCAT response form
• A detailed statement of your case
• A draft counterclaim (if applicable)
• A document index and evidence bundle

The pack is prepared within 60 minutes and delivered ready to file. You review, sign, and lodge it with VCAT yourself.

Flat fee. No subscription. Australia-wide.

Final checklist before filing

Before you lodge your VCAT response, confirm:

• [ ] You have used the correct form for your list
• [ ] You have admitted or denied each allegation
• [ ] You have attached all supporting documents
• [ ] You have completed the counterclaim section (if applicable)
• [ ] You have filed within the 14-day deadline
• [ ] You have served a copy on the applicant
• [ ] You have kept proof of service

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, ClaimDone’s Tribunal Response service delivers a complete defence pack in under an hour.

Frequently Asked Questions

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

VCAT can proceed to a hearing without you and make orders in your absence. You lose the opportunity to present your defence or counterclaim. The tribunal may award the full amount claimed by the applicant.

Can I file a VCAT response after the 14-day deadline?

You can apply for an extension, but you must have a reasonable excuse for the delay. VCAT may refuse late responses if the delay is unexplained or prejudices the other party. File as soon as possible and explain why you missed the deadline.

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

No. VCAT is designed for self-represented parties. You can file your own response using the prescribed forms. Legal representation is allowed in most lists, but not required. Consider legal help if the claim is complex or high-value.

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

Yes. If your counterclaim arises from the same transaction or contract, you can include it in your response form. There is typically no extra fee. Your counterclaim must be within VCAT’s jurisdictional limit for 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.