How to Respond to a VCAT Application | Defence Pack Guide

Named as a respondent in a Victorian Civil and Administrative Tribunal application? VCAT’s respondent page for goods and services disputes sets out no response form and no response deadline, but there are dates you must meet, and the hearing can go ahead without you.

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

This guide explains the VCAT dates that matter, evidence rules, and how to prepare a defence pack that meets tribunal requirements.

VCAT response deadlines

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 and any VCAT orders carefully.

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

Required documents for your VCAT response

VCAT’s respondent page for goods and services disputes sets out no response form. A clear written response still puts your side in order.

What to prepare:

• Written response — your version of the facts and the legal basis for your defence
• Supporting evidence — documents, photos, emails, invoices, contracts, receipts, bank statements
• Witness statements — sworn or affirmed statements from people with direct knowledge
• Expert reports — if applicable (building defects, valuations, medical assessments)

Send copies of your evidence to the applicant by the date VCAT sets, and to VCAT if your notice or VCAT’s orders ask for them. If you have your own claim against the applicant, note that VCAT treats a counterclaim as a separate application, and you may need to pay an application fee.

What makes a strong VCAT defence response

Your written response should read as a statement of your case, not a letter. VCAT expects clear, numbered paragraphs addressing each allegation.

Structure it like this:

1. Respond to each allegation — admit, deny, or state you do not know
2. Set out your version — what happened, in chronological order
3. Identify the legal basis — the relevant Act, regulation, or contract term supporting your position
4. Reference evidence — number each document as an exhibit (Exhibit A, Exhibit B)
5. Note any counterclaim — made as a separate application if the applicant owes you money or breached an obligation

Mistakes that weaken your response:

• Writing an emotional narrative instead of addressing specific allegations
• Failing to attach evidence you reference
• Including irrelevant background or personal attacks
• Admitting facts you should dispute
• Submitting unsigned or undated documents

If you do not raise a defence in your written response, you may not be allowed to raise it at the hearing.

VCAT evidence requirements

VCAT is less formal than a court, but it still follows evidence rules. You cannot turn up with a box of unsorted documents.

Acceptable evidence:

• Documents — contracts, invoices, receipts, emails, text messages, photos, videos
• Witness statements — written statements from people with direct knowledge
• Expert reports — from qualified professionals (builders, engineers, valuers)
• Physical items — defective goods, samples, plans (if relevant and practical)

How to prepare evidence:

• Organise documents chronologically or by topic
• Number each document as an exhibit
• Highlight key sections
• Prepare an index listing all exhibits
• Make three copies — one for VCAT, one for the applicant, one for yourself

Witness statements must:

• Be in first person (“I saw…” not “They told me…”)
• Include the witness’s full name, address, and occupation
• Set out facts the witness personally observed
• Be signed and dated
• Be sworn before a Justice of the Peace or solicitor (if required by your VCAT list)

Avoid hearsay. “My friend told me the applicant said…” is hearsay. “I personally heard the applicant say…” is direct evidence.

Sending your documents

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. For a phone or video hearing, follow the deadline in your notice. Send documents to VCAT as well if your notice or VCAT’s orders ask for them.

Ways to send them to the applicant:

• Email — if the applicant provided an email address
• Post — registered post to the address on the application
• Personal delivery — hand-delivered to the applicant or their representative

Keep proof of when, how, and to whom you sent the documents.

Preparing for the hearing

Sending your documents is not the end. VCAT will schedule a hearing.

Before the hearing:

• Read the VCAT Practice Notes for your list
• Prepare an outline of your oral submissions
• Organise your evidence bundle with tabs
• Bring three copies of everything
• Arrive 15 minutes early

At the hearing:

• Address the member as “Member” or “Your Honour”
• Speak clearly to the issues
• Do not interrupt
• Answer questions honestly and concisely
• Take notes of what the applicant says

VCAT hearings are less formal than court, but they are still legal proceedings. The member will ask questions, allow both parties to present evidence, and make a binding decision.

How Claim Done helps with VCAT responses

Claim Done’s Tribunal Response / Defence Pack service drafts your side of a VCAT matter in about 5 minutes. Tell us what evidence you have, answer questions about the dispute, and our Programmatic Algorithms draft four separate A4 PDFs:

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

The Tribunal Response does not prepare VCAT forms, witness statements or an evidence bundle, and does not file or serve anything for you. For witness statements, see the separate Witness statement templates service.

Claim Done does not give legal advice. Flat fee of $129. No subscription. Australia-wide.

Final checklist

Before the hearing:

• [ ] Response addresses every allegation
• [ ] All evidence attached and numbered as exhibits
• [ ] Witness statements signed and dated
• [ ] Three copies of everything
• [ ] 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

VCAT moves quickly. Hearing dates are typically set within weeks or months depending on the list. Prepare early, organise your evidence, and get your defence in order before the hearing.

Get your VCAT defence pack prepared now

VCAT’s dates are strict. Incomplete responses weaken your case. Claim Done’s Tribunal Response drafts your response summary, defence position statement, chronology and evidence list in about 5 minutes.

Start your VCAT defence pack now — $129 flat fee, done in about 5 minutes.

Frequently Asked Questions

How long do I have to respond to a VCAT application?

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.

What happens if I do not take part?

VCAT’s respondent page says that if you are a respondent and you do not come, 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-representation.

What documents do I need for my VCAT response?

VCAT’s respondent page for goods and services disputes sets out no response form. Prepare your written response addressing each allegation, supporting evidence (contracts, invoices, emails, photos), and witness statements if applicable, and send your evidence to the applicant by the date VCAT sets.

Can I bring new evidence to the VCAT hearing that was not in my response?

VCAT may allow it, but it is risky. The member can refuse to admit late evidence, especially if it prejudices the other party. Always send all your evidence to the applicant by the date VCAT sets.