Responding to a VCAT Application: Your Defence Pack Checklist

You have been served with a Victorian Civil and Administrative Tribunal application. The other party is claiming money, seeking an order, or disputing a decision. What you prepare, and whether you attend the hearing, shapes how well you can defend it.

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, covering the dates that matter, defence strategies, and the evidence you must prepare.

Is There a VCAT 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. Other lists can work differently, so read your notice carefully.

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

What a VCAT Defence Pack Must Include

A defence pack is a collection of materials that together set out your version of events, your legal position, and the evidence supporting your defence.

Written response: VCAT’s respondent page for goods and services disputes sets out no response form. Set out, for each of the applicant’s claims, whether you agree or disagree and why.

Statement of defence: A written document (typically 2–5 pages) explaining why the applicant’s claim should be dismissed or varied. This is a plain-English summary of your side of the story, supported by facts.

Supporting evidence: Documents, photos, emails, text messages, invoices, contracts, receipts, inspection reports, or anything else that proves your version of events. Each piece of evidence should be clearly labelled and referenced in your statement.

Witness statements (if applicable): If another person saw what happened or has relevant knowledge, prepare a signed witness statement. The statement must be in the witness’s own words, dated, and signed.

Correspondence with the applicant: Include any letters, emails, or messages exchanged before the application was filed. This shows VCAT that you attempted to resolve the matter or that the applicant’s version is inconsistent with the written record.

Defence Strategies That Work at VCAT

VCAT operates with less formality than a court, but that does not mean you can be vague or unprepared. The member hearing your case is looking for clear facts, credible evidence, and a coherent explanation of why the applicant’s claim fails.

Dispute the facts: If the applicant’s version of events is incorrect, set out your version clearly. Use evidence to show what actually happened. VCAT will prefer the version supported by contemporaneous documents (emails, photos, invoices) over unsupported oral testimony.

Raise a legal defence: Depending on the type of claim, you may have a statutory or common law defence. In a goods and services dispute, you may argue that the goods were fit for purpose or that the consumer misused them. In a debt claim, you may argue that the debt has been paid, is statute-barred, or was never owed.

Challenge the evidence: If the applicant’s evidence is weak, unreliable, or contradictory, point this out. VCAT applies the civil standard of proof (balance of probabilities), but the tribunal will not accept claims that are unsupported or implausible.

Seek a counterclaim or set-off: If you have a claim against the applicant arising from the same transaction or relationship, you can file a counterclaim. If a landlord is claiming rent arrears, you may counterclaim for the cost of repairs they failed to carry out.

Request mediation or compulsory conference: VCAT encourages settlement. If there is room for negotiation, request a compulsory conference. Many matters settle at this stage.

Evidence Requirements for a Strong Defence

VCAT members decide cases based on evidence, not assertions. If you say something happened, you must prove it.

Contemporaneous records: Evidence created at the time of the events in question is the most persuasive. An email sent the day after a dispute arose is stronger than a witness statement prepared months later.

Photos and videos: If the dispute involves property damage, defective goods, or the condition of premises, take clear, dated photos. If possible, include something in the frame (a newspaper, a phone screen showing the date) to verify when the image was taken.

Expert reports: For building defects, vehicle damage, or technical disputes, an independent expert report may be necessary. VCAT does not require formal expert qualifications in all cases, but the person must have relevant knowledge and experience.

Financial records: If the dispute involves money, provide bank statements, invoices, receipts, or payment records. Highlight the relevant entries and explain what they show.

Contracts and agreements: If your defence relies on the terms of a contract, provide a copy. If the contract was oral, set out the terms as you understood them and provide evidence of performance (emails, invoices, delivery records).

Witness evidence: Witnesses must have direct knowledge of the relevant facts. A witness who “heard about it later” or “thinks it probably happened” is not helpful. Prepare a written statement for each witness and ensure they are available to attend the hearing if required.

How to Send Your Defence Pack

Send copies of the documents you plan to use as evidence to the applicant by the date VCAT sets: at least 14 days before an in-person goods and services hearing, or by the deadline in your notice for a phone or video hearing. Send documents to VCAT as well if your notice or VCAT’s orders ask for them. Keep proof that you sent them, such as a sent email or a registered post receipt.

What Happens Next

VCAT may list a directions hearing, compulsory conference, or final hearing depending on the complexity of the matter.

Directions hearing: The member will clarify the issues in dispute, set timetables for further evidence, and decide whether the matter should proceed to a final hearing or be referred to mediation.

Compulsory conference: An informal settlement discussion facilitated by a VCAT member or registrar.

Final hearing: If settlement is not reached, the matter proceeds to a hearing. Both parties present evidence, call witnesses, and make submissions. The member then makes a decision and issues an order.

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

Final Checklist

Before the hearing, confirm:

• Your written response is accurate and complete
• Your statement of defence addresses every allegation in the application
• All supporting evidence is clearly labelled and referenced
• You have sent copies of your evidence to the applicant by the date VCAT sets and kept proof
• You have kept copies of everything for your records

How Claim Done Prepares Your VCAT Defence Pack

Claim Done’s Tribunal Response drafts your side of a VCAT matter 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 and an evidence list.

The service is $129, with no subscription or hidden fees. The documents are drafted in about 5 minutes. You review them, attach your own evidence and send it yourself. Claim Done does not compile an evidence bundle or prepare witness statements, and does not file or serve anything for you.

Claim Done does not provide legal advice and is not a law firm.

If you have been served with a VCAT application and need to respond fast, prepare your tribunal defence pack in about 5 minutes with Claim Done. Tell us what evidence you have, answer a short form, and receive your response summary, defence position statement, chronology and evidence list. No subscription. No legal jargon. Just a clear, evidence-based defence prepared by our Programmatic Algorithms and delivered to you as PDFs.

Frequently Asked Questions

Is there a VCAT response deadline?

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.

Can I represent myself at VCAT without a lawyer?

Yes. VCAT is designed to be accessible without legal representation. Most parties represent themselves, especially in lower-value matters.

Do I need to attend the VCAT hearing in person?

VCAT offers in-person, telephone, and video hearings. If you do not attend, VCAT may make a decision that affects you, and that decision can be enforced by a court.

Can I settle a VCAT matter before the hearing?

Yes. VCAT encourages settlement at any stage. You can negotiate directly with the applicant or request a compulsory conference. If you reach an agreement, VCAT can make consent orders formalising the settlement.

What evidence does VCAT accept?

VCAT accepts documents, photos, videos, expert reports, witness statements, and any other material relevant to the dispute. Evidence does not need to comply with strict court rules, but it must be credible and probative. Hearsay evidence is admissible but may be given less weight.