How to Take Someone to VCAT for Unpaid Money (Step-by-Step)

If someone owes you money in Victoria and will not pay, the Victorian Civil and Administrative Tribunal (VCAT) gives you a way to recover it without needing a lawyer. VCAT hears these claims in its Civil Claims List, which covers goods and services disputes, including unpaid money, and the process is designed for ordinary people to navigate themselves.

Before you file: Send a demand letter

VCAT expects you to attempt resolution before filing. Send a formal demand letter stating:

• What you are owed
• Why you are owed it (invoice, contract, loan agreement)
• A clear deadline to pay (typically 14 days)
• What will happen if they do not pay (VCAT application)

The letter creates a paper trail. If the matter goes to VCAT, the member will ask whether you gave the other party a chance to settle. If you did not, they may adjourn the hearing and order you to do so first.

Allow 14–21 days for response before moving to the next step.

Check if VCAT is the right place

VCAT’s Civil Claims List hears goods and services disputes, including unpaid money, such as:

• Unpaid invoices for goods or services supplied
• Unpaid loans under written or verbal agreement
• Breach of contract
• Goods sold but not paid
• Debts arising from property damage

Which list: claims for unpaid money for goods or services go to VCAT’s Civil Claims List. Check VCAT’s website to confirm it can hear your claim before you file.

VCAT cannot hear defamation, personal injury (except property damage), family law, criminal matters, or employment disputes covered by Fair Work.

If a company owes $4,000 or more, consider whether a statutory demand under the Corporations Act is more appropriate.

Gather your evidence

VCAT decides cases based on evidence. You need documents proving:

1. The debt exists — invoice, contract, loan agreement, text messages, emails
2. The amount owed — itemised invoices, bank statements, receipts
3. You performed your side — proof of delivery, completion certificates, photos
4. They have not paid — bank records showing no payment received
5. You demanded payment — copy of demand letter and proof it was sent

Organise everything chronologically. Members appreciate clear, logical presentation.

Complete the VCAT application form

Apply online through myVCAT, VCAT’s online service for goods and services disputes.

What to include:

• Your details (name, address, contact)
• Respondent’s details (the person or business that owes you)
• Amount claimed (principal debt plus any interest)
• Brief description of the dispute (factual, not emotional)
• Orders you are seeking (payment of $X plus interest and costs)

Filing fee: Filing fees change each 1 July; check the current fee on VCAT’s website before you file.

VCAT’s website also explains whether you can apply for fee relief.

File and serve the application

Filing:

Lodge your application online via the VCAT portal, by post, or in person at a VCAT registry. You will receive a case number and, later, a hearing date.

After you apply:

VCAT tells you what happens next. In the Civil Claims List it sends an order setting a timetable for when each side must send in its supporting documents. Follow the steps and dates in VCAT’s letters and orders, including how the other party is to be given a copy.

Prepare for the hearing

What to bring:

• Your copy of everything you sent to VCAT under its timetable order
• A chronology (timeline of key events)
• A summary of your claim (one page, dot points)
• Any witnesses (optional, but helpful if they saw or heard something relevant)

What to expect:

• Hearings are typically in a small room, not a courtroom
• The member will ask you to explain your case
• The respondent will have a chance to respond
• The member may ask questions

You do not need a lawyer, but you can bring one. VCAT does not usually order one party to pay the other’s legal costs, so hiring a lawyer may not be cost-effective.

The decision

The member may give a decision on the day, or reserve their decision and send it in writing later.

Possible outcomes:

• Order in your favour — the respondent is ordered to pay the debt plus any interest and costs
• Order in their favour — your claim is dismissed
• Partial order — you are awarded less than you claimed
• Consent order — both parties agree to settle, and the member formalises it

If you win, the order will say when payment is due.

Enforce the order if they still do not pay

A VCAT order is legally binding, but it does not make the money appear. If the respondent does not pay, you must enforce it.

Enforcement options:

1. Instalment order — apply to VCAT for a payment plan
2. Warrant to seize property — Sheriff’s Office can seize and sell assets
3. Garnishee order — take money directly from their bank account or wages
4. Examination summons — force them to disclose their financial situation under oath

Enforcement costs money and time. If the respondent has no assets or income, enforcement may not be practical.

Costs and realistic timeframes

Total cost to take someone to VCAT:

• Filing fee: Filing fees change each 1 July; check the current fee on VCAT’s website before you file.
• Service costs: postage or process server
• Enforcement costs: court fees for each step (if they do not pay voluntarily)

Realistic timeframe: it depends on VCAT’s workload, whether the respondent contests the claim, and whether you need to enforce the order.

How Claim Done prepares your VCAT application

Claim Done drafts your VCAT application and a witness statement in about 5 minutes. Tell us what evidence you have, answer a few questions, and the platform generates:

• Your VCAT application, setting out your case and the events in date order
• A witness statement

Fixed fee. No subscription. Australia-wide.

If the other party still has not paid after your demand letter, prepare your VCAT application with Claim Done and get your documents drafted — so you can focus on the hearing, not the paperwork.

Final checklist

Before you file at VCAT:

• ✓ Demand letter sent and deadline passed
• ✓ Evidence organised and copied
• ✓ VCAT application completed accurately
• ✓ Filing fee paid
• ✓ Service method arranged
• ✓ Hearing preparation started

Taking someone to VCAT for unpaid money is straightforward if you follow the process. Turn up prepared, with evidence, and a clear explanation of what you are owed.

Frequently Asked Questions

How much does it cost to take someone to VCAT?

Filing fees change each 1 July; check the current fee on VCAT’s website before you file. Add service costs and potential enforcement costs if they do not pay voluntarily.

How long does a VCAT case take?

It depends on VCAT’s workload and whether the respondent contests the claim. If you need to enforce the order, that adds further time.

Do I need a lawyer for VCAT?

No. VCAT is designed for self-representation. You can bring a lawyer if you choose, but VCAT does not usually order one party to pay the other’s legal costs, so it may not be cost-effective.

What happens if the other party does not show up to the VCAT hearing?

If the respondent does not attend and has been properly served, VCAT can make a decision in their absence. You will still need to present your evidence and prove your case.

Can I take a company to VCAT for unpaid money?

Yes, but if the company owes $4,000 or more, consider whether a statutory demand under the Corporations Act is more appropriate. VCAT can still hear the matter if you choose to file there.