What to Do If You Receive a Tribunal Application in Victoria

You have just been served with a Victorian Civil and Administrative Tribunal (VCAT) application. The other party claims you owe them money, breached a contract, or damaged their property. Ignoring it will not make it disappear. VCAT applications have strict deadlines, and missing them can result in an automatic order against you — even if you have a valid defence.

What is a VCAT application?

VCAT resolves civil disputes without going to court. It handles:

• Residential tenancies — bond disputes, repairs, evictions
• Goods and services — faulty products, poor workmanship, consumer guarantees
• Debt recovery — unpaid invoices, loans, contracts
• Owners corporation disputes — common property, levies, by-laws
• Building and construction — defects, non-payment, contract disputes

VCAT is faster and cheaper than court, but it still issues legally binding orders. If VCAT orders you to pay, you must pay. If you do not, the applicant can enforce the order through the Magistrates’ Court, including garnishing wages or seizing assets.

What the application contains

The application package typically includes:

• The application form — sets out what the applicant is claiming and the amount sought
• Supporting documents — invoices, contracts, photos, correspondence, witness statements
• A hearing date — when you must attend VCAT (in person or online)
• A response deadline — the date by which you must lodge your defence

Read everything carefully. The application tells you exactly what the other party is alleging and what evidence they are relying on.

Your response deadline

VCAT does not have a single universal deadline. The timeframe depends on the type of dispute and how the application was served.

Standard civil claims

For most civil claims, you typically have 14 days from the date you were served. If the application was:

• Handed to you personally — 14 days from that date
• Posted to you — 14 days from the date you received it
• Emailed to you — 14 days from the date it was sent

Residential tenancy disputes

For tenancy disputes, the deadline is often shorter — sometimes as little as 2 business days for urgent possession applications. Check the application form for the exact date.

Building and construction disputes

For Domestic Building List matters, you typically have 21 days to lodge a response, but this can vary.

Do not guess. If you are unsure of your deadline, call VCAT on 1300 018 228 or check the application form.

What happens if you do nothing

If you do not lodge a response by the deadline, VCAT can:

• Make a default order — the tribunal can decide the case in your absence and order you to pay the full amount claimed
• Strike out your defence — if you lodge a late response, VCAT may refuse to accept it
• Award costs against you — while VCAT does not usually award legal costs in small claims, ignoring the process can lead to cost orders in some lists

Once a VCAT order is made, it is enforceable. The applicant can register it with the Magistrates’ Court and use enforcement mechanisms like garnishee orders, seizure and sale of property, or examination summons.

How to lodge a response

VCAT calls your response a respondent’s statement or response to application, depending on the list.

Complete the response form

Download the correct form from the VCAT website or use the one included with the application. The form asks you to:

• Admit or deny each claim — do not leave anything blank
• State your version of events — explain what actually happened
• Attach supporting documents — contracts, receipts, photos, emails, text messages

Be specific. If the applicant claims you owe $5,000 for unpaid invoices, do not just say “I dispute this.” Explain why: the work was defective, the invoice was never agreed to, you already paid, or the amount is wrong.

Attach your evidence

VCAT decisions are based on evidence, not arguments. If you claim you paid, attach the bank statement. If you claim the goods were faulty, attach photos. If you claim the contract was never signed, attach the unsigned version.

Organise your evidence clearly:

• Label each document (e.g., “Exhibit A: Invoice dated 12 March 2024”)
• Include a cover sheet listing all attachments
• Keep copies of everything you lodge

Lodge and serve

You can lodge your response:

• Online — via the VCAT portal (fastest method)
• By post — mail to VCAT, 55 King Street, Melbourne VIC 3000
• In person — deliver to any VCAT registry

You must also serve a copy on the applicant — either by email, post, or hand delivery. Keep proof of service.

Attend the hearing

Lodging a response does not resolve the dispute. You still need to attend the hearing. VCAT will send you a notice confirming the date, time, and location. If you do not attend, VCAT can make an order against you in your absence.

What if you need more time?

If you cannot meet the response deadline, you can apply for an extension. You must:

• Lodge the application before the deadline expires
• Explain why you need more time
• Propose a new deadline

VCAT will consider the request, but there is no guarantee it will be granted. Do not assume you have extra time.

What if you want to settle?

You do not have to fight the case at VCAT. If you and the applicant can reach an agreement, you can:

• Negotiate directly — agree on a payment plan, reduced amount, or other resolution
• Attend VCAT mediation — VCAT offers free mediation for most disputes
• Formalise the settlement — ask VCAT to make consent orders reflecting the agreement, or withdraw the application entirely

A settlement avoids the hearing, saves time, and gives you control over the outcome. If you reach an agreement, put it in writing and lodge it with VCAT. You can formalise a settlement agreement to make it legally binding.

Common defences to VCAT applications

Your defence depends on the type of claim. Common defences include:

For debt claims:

• The debt has already been paid
• The amount claimed is incorrect
• The invoice was never agreed to
• The contract was never signed
• The work was defective or incomplete

For consumer claims:

• The goods or services complied with the contract
• The defect was caused by misuse or normal wear and tear
• The claim is outside the warranty period
• The consumer did not give you a reasonable opportunity to fix the problem

For tenancy claims:

• The damage existed before you moved in
• The damage was fair wear and tear
• You left the property in a reasonable condition
• The landlord did not follow the correct bond claim process

For building claims:

• The work complied with the contract and building standards
• The defects were caused by the owner’s changes or interference
• You were not paid, so you were entitled to stop work
• The claim is outside the limitation period

Whatever your defence, back it up with evidence.

How ClaimDone helps

If you have received a VCAT application and need to lodge a response, ClaimDone prepares a complete Tribunal Response / Defence Pack for $197. You upload the application and your evidence, and our Proprietary AI Engine generates:

• A respondent’s statement addressing each claim
• A summary of your defence with supporting references
• A cover sheet and document index
• Filing instructions for VCAT

The pack is prepared in 60 minutes and formatted for immediate lodgement. It does not replace legal advice, but it gives you a professionally structured response that meets VCAT’s requirements.

For complex, high-value, or legally uncertain disputes, you should speak to a lawyer. For straightforward defences where you have the evidence and just need the documents done properly, ClaimDone gets it done fast.

Final checklist

If you receive a VCAT application:

• [ ] Read the application and all attachments carefully
• [ ] Note the response deadline on your calendar
• [ ] Gather all relevant evidence (contracts, invoices, photos, emails, messages)
• [ ] Complete the response form, addressing each claim specifically
• [ ] Lodge the response with VCAT and serve a copy on the applicant
• [ ] Attend the hearing on the scheduled date
• [ ] Consider settlement or mediation if appropriate

Do not ignore it. Respond on time, with evidence, and you give yourself the best chance of a fair outcome.

Get your VCAT defence pack prepared now

ClaimDone prepares your complete VCAT response in 60 minutes for a flat fee of $197. Upload the application and your evidence, and we generate a professionally formatted defence pack ready for lodgement. Prepare your VCAT defence pack now and meet your deadline with confidence.

Frequently Asked Questions

What happens if I miss the VCAT response deadline?

VCAT can make a default order against you, meaning you lose automatically even if you have a valid defence. You can apply to set aside a default order, but you must show a good reason for missing the deadline and that you have an arguable defence. It is far better to lodge on time.

Can I represent myself at VCAT?

Yes. Most people at VCAT represent themselves. You do not need a lawyer, but you do need to prepare properly — lodge a response, organise your evidence, and attend the hearing. VCAT is less formal than court, but it still follows rules of evidence and procedure.

Do I have to attend the VCAT hearing in person?

Not always. Many VCAT hearings are conducted by video or phone, especially for small claims. Check your hearing notice for details. If you cannot attend on the scheduled date, you can apply to adjourn the hearing, but you need a valid reason.

Can I settle the dispute after the application is lodged?

Yes. You can negotiate a settlement at any time before the hearing. If you reach an agreement, you can ask VCAT to make consent orders or withdraw the application entirely. VCAT also offers free mediation to help parties settle.

What if I only partially agree with the claim?

You can admit part of the claim and dispute the rest. For example, if the applicant claims you owe $5,000 but you believe you only owe $2,000, state that clearly in your response and explain why. VCAT will decide the disputed amount at the hearing.