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. If you do not attend, VCAT may make a decision that affects you, and that decision can be enforced by a court. That can happen 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)
• Any dates for documents — when to send your evidence, if the notice sets a date

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

Is there a response deadline?

VCAT’s respondent pages for goods and services disputes and for building and construction disputes set out no fixed deadline to file a response, and the goods and services page sets out no response form. The dates that matter are in the notice VCAT sends you and in any orders it makes.

• Goods and services, in-person hearing: 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.
• Building and construction: if you are attending a hearing or mediation before a directions hearing, send copies of the documents that support your case to VCAT and all other parties before you come to VCAT.

Do not guess. If you are unsure of a date, call VCAT on 1300 018 228 or check your notice.

What happens if you do nothing

VCAT’s respondent pages say 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.

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 put your side in writing

VCAT’s building and construction respondent page describes a document responding to the application that says whether you agree or disagree with the case and why, also called a defence. Its goods and services respondent page sets out no response form.

Write your response

A clear written response should:

• 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

Send your documents

Send copies of your documents to the applicant by the date VCAT sets, and to VCAT if your notice or VCAT’s orders ask for them. Keep proof that you sent them.

Attend the hearing

Putting your side in writing 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 may make a decision that affects you.

What if you need more time?

If you cannot meet a date in VCAT’s notice or orders, contact VCAT before the date passes and explain why you need more time. There is no guarantee more time will be given. 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 Claim Done helps

If you have received a VCAT application and need to put your side in writing, Claim Done’s Tribunal Response costs $129. You tell us about the application and your evidence, answer plain questions, and our Programmatic Algorithms draft four separate A4 PDFs:

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

The documents are drafted in about 5 minutes. You review them, attach your own evidence and send it yourself. Claim Done does not prepare VCAT forms or an evidence bundle, and does not file or serve anything for you.

For straightforward defences where you have the evidence and just need the documents done properly, Claim Done gets it done fast.

Final checklist

If you receive a VCAT application:

• [ ] Read the application and all attachments carefully
• [ ] Note the hearing date and every date in your notice on your calendar
• [ ] Gather all relevant evidence (contracts, invoices, photos, emails, messages)
• [ ] Write your response, addressing each claim specifically
• [ ] Send your evidence to the applicant by the date VCAT sets
• [ ] 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

Claim Done’s Tribunal Response drafts your response summary, defence position statement, chronology and evidence list in about 5 minutes for a flat fee of $129. Tell us about the application and your evidence, and review the drafts before you use them. Prepare your VCAT defence documents now.

Frequently Asked Questions

Is there a VCAT response deadline?

VCAT’s respondent pages for goods and services and for building and construction disputes set out no fixed response deadline. Follow the dates in your notice and VCAT’s orders, and attend the hearing: if you do not come, VCAT may make a decision that affects you, and that decision can be enforced by a court.

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 — put your side in writing, 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.