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 handles disputes up to $100,000 in its Civil Division, 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 Division hears disputes involving:

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

Jurisdictional limits:

• Up to $10,000 — Small Claims List (simpler, faster, no costs orders)
• $10,001 to $100,000 — General Civil List (more formal, costs may be awarded)
• Over $100,000 — Magistrates’ Court or County Court

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

File using Form 1 – Application. Download it from the VCAT website or complete it online through the VCAT portal.

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:

• Up to $3,000: $72.60
• $3,001–$10,000: $302.50
• $10,001–$20,000: $605.00
• $20,001–$100,000: $1,210.00

Fees current as of 2025. Check the VCAT website for updates.

You can apply for a fee waiver if you hold a Health Care Card or Pensioner Concession Card.

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 a hearing date (typically 8–12 weeks away for Small Claims, longer for General Civil).

Service:

You must serve a copy on the respondent. VCAT does not do this for you.

Acceptable methods:

• Registered post
• Hand delivery (by someone over 18, not you)
• Email (if the respondent has agreed to electronic service)

File a Certificate of Service with VCAT within 7 days of serving the respondent.

From filing to hearing, expect 2–4 months depending on VCAT’s schedule.

Prepare for the hearing

What to bring:

• Three copies of all documents (one for you, one for the respondent, one for the member)
• 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
• Small Claims hearings are typically 30–60 minutes
• General Civil hearings can run longer

You do not need a lawyer, but you can bring one. In Small Claims, costs are not usually awarded, 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 within 2–4 weeks.

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 specify a payment deadline (typically 28 days).

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: $72.60–$1,210.00
• Service costs: $10–$50 (postage or process server)
• Enforcement costs: $100–$500+ (if they do not pay voluntarily)

Realistic timeframe:

• Demand letter to filing: 2–4 weeks
• Filing to hearing: 2–4 months
• Decision: Same day or within 2–4 weeks
• Enforcement: 1–6 months (if required)

Total time: 4–8 months from start to finish, longer if enforcement is needed.

When to consider legal advice

VCAT is designed for self-representation, but some situations benefit from a consultation with a Victorian lawyer:

• The respondent is a company with lawyers
• The dispute involves complex contract interpretation
• The amount is over $20,000
• The respondent has filed a counterclaim
• You are unsure whether your evidence is strong enough

How ClaimDone prepares your VCAT application

ClaimDone prepares your VCAT application and supporting documents in under 60 minutes. Upload your evidence, answer a few questions, and the platform generates:

• A completed Form 1 application
• A statement of claim setting out your case
• A chronology of events
• Instructions for filing and service

Fixed fee. No subscription. Australia-wide.

If the other party still has not paid after your demand letter, prepare your VCAT application with ClaimDone and get your documents ready to file — 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
• ✓ Form 1 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 range from $72.60 for claims up to $3,000, to $1,210 for claims up to $100,000. Add service costs ($10–$50) and potential enforcement costs if they do not pay voluntarily.

How long does a VCAT case take?

From filing to hearing, expect 2–4 months. Small Claims hearings are typically scheduled faster than General Civil matters. If you need to enforce the order, add another 1–6 months.

Do I need a lawyer for VCAT?

No. VCAT is designed for self-representation. You can bring a lawyer if you choose, but in Small Claims matters, costs are not usually awarded, 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.