To respond to an ACAT civil dispute application, fill in ACAT’s Response – Civil Dispute form and lodge it by the date in ACAT’s letter, which is usually 21 days after the application is served on you. There is no fee to respond unless you add a counterclaim. If you do not respond, judgment may be entered against you, and if you miss the directions hearing ACAT may make final orders without hearing from you.
This guide is for the person being claimed against (the respondent). If you are making the claim, see our guide to the ACAT application.
What you receive
ACAT usually serves the application on you by pre-paid post, although the applicant can choose to serve it. You should receive:
- a sealed copy of the Civil Dispute Application, with any documents the applicant attached;
- a notice with the time, date and location of an initial directions hearing, set for a date after your response is due;
- a covering letter with the date your response is due.
Your ACAT file number starts with “XD” and is at the top left of the application and the covering letter. If you were served elsewhere in Australia, the documents must come with a Form 4 notice under the Service and Execution of Process Act 1992.
The response form
The form is called Response – Civil Dispute. ACAT’s current PDF carries the number AF2021-29. Download it from ACAT’s civil disputes page or forms page. ACAT has no online response form. The form asks for:
- Respondent: your name (a company adds its ACN or ARBN), postal address, email and phone.
- Authorised representative, if someone acts for you. A representative who is not a lawyer must also lodge a power of attorney (for an individual) or an authority to act for a corporation.
- Response, in one or more sections:
- Section A, admission of liability: you admit the claim in whole or in part and agree to judgment for a stated amount, paid by a date or by instalments (give the amount, how often, and the start date).
- Section B, disputed claim: your grounds for disputing it. If you admit part, complete A and B.
- Section C, counterclaim: your own claim against the applicant, with the amounts, any interest and any other orders you want.
- Hearing: dates in the next 3 months when you cannot attend, and whether you need an interpreter or other help.
- Signature: in a joint response all respondents sign. Otherwise each respondent files their own.
Attach the documents you rely on, such as correspondence, receipts, invoices or quotes, details of financial loss, and the contract. Your response goes to the other parties, and ACAT notes that information given to it may be publicly available. Do not pay the amount claimed to ACAT. The only payment it accepts with the form is a counterclaim filing fee.
Ready to put it in writing?
Answer 3 quick questions to check you have the details your document needs, and see your next step.
1. Who is this about?
2. How much is at stake?
3. Do you have it in writing?
Your result is ready. Want a copy by email? (optional)
The deadline
Under the ACAT Procedures Rules 2024 (rule 107), a response must be lodged within 21 days after the application is served. ACAT can order a shorter time and must then tell you the date in writing. Go by the date in ACAT’s letter.
A posted response is lodged on the day ACAT receives it. Talking to the applicant does not stop the clock unless you reach an agreement.
How to lodge your response
- In person at the ACAT counter, Allara House, 15 Constitution Avenue, Canberra City, 9am to 4.30pm on weekdays.
- By post to GPO Box 370, Canberra ACT 2601.
- By email to tribunal@act.gov.au, only if the documents total less than 40 pages, there are fewer than three attachments, nothing is in colour and no fee is payable. ACAT does not accept a counterclaim by email.
On paper, include a copy for each party plus one for ACAT; the form’s checklist says at least 3. ACAT then gives your response to the applicant. See ACAT’s guide to lodging and serving documents.
Is there a fee?
Not for the response itself. A fee applies only if you add a counterclaim. From 1 July 2026 it is $93 for an individual where the amount of the dispute is $3,000 or less, $195 between $3,000 and $15,000, and $707 over $15,000. Corporations pay $185, $392 or $1,415 (ACAT fee summary 2026-27).
You do not pay if you are the primary holder of a Health Care Card, Low Income Health Care Card or Pensioner Concession Card, or are represented by Legal Aid or another service listed on ACAT’s fees page. You can ask for a waiver or deferral if paying would cause hardship.
Each party usually bears its own costs, but if ACAT decides for the applicant it can order you to pay the applicant’s filing fee.
Bringing your own claim
Counterclaim
A counterclaim is a claim by the respondent against the applicant, made instead of starting a separate case. Complete Section C, or tell ACAT in writing, at the same time as your response. Set out your grounds and the orders you want, including any interest, and pay the fee or lodge a request about fees. Lodging it later needs ACAT’s permission, using the Application for Interim or Other Orders form.
Set-off
You can rely on a set-off against all or part of the claim, even if the amount is not known. Write on your response that you rely on a set-off, your grounds and the orders you want, and attach your supporting documents.
Third party
To claim a contribution or indemnity from someone who is not a party, lodge a Third Party Notice – Civil Dispute with your response, or within 21 days after lodging it, unless ACAT orders otherwise. The fee is $93 for an individual or $185 for a corporation. The third party then has 21 days to respond.
What happens if you don’t respond
ACAT says judgment may be entered against you. The application is already listed for an initial directions hearing, which each party must attend in person or remotely. If a respondent does not take part, ACAT may make final orders without hearing from them.
The rules let ACAT allow another time. If you have missed the date, contact ACAT straight away and attend the directions hearing.
If orders are made in your absence, you can apply to have them set aside as soon as possible, using the Application for Interim or Other Orders form, with a copy to the other party. There is no fee. ACAT considers why you were absent and whether attending might have made a material difference.
The directions hearing
A Member or Registrar talks to the parties about the case, what each must do and what happens next. It takes around 30 minutes, but allow up to an hour. Bring your documents, evidence and correspondence (ACAT: directions hearing).
If the claim is disputed, ACAT may make final orders or list the case for one of three types of conference, or another short hearing.
Preliminary conference or mediation
A conference is a private, informal meeting at ACAT, usually about an hour, with an ACAT Member or Registrar as convenor. Each side explains its case and the aim is to agree an outcome. The convenor cannot decide for you, but can make orders on the day that reflect an agreement. Under the ACAT Act, words spoken at a preliminary conference cannot be admitted as evidence in the case. Without agreement, the case goes to a hearing before a different Member.
A conference and evaluation usually takes about three hours, and you give short written statements at least seven days before.
ACAT can also refer a case to an accredited mediator for mediation, which is private and scheduled for a full day. Every party must take part genuinely and in good faith.
The hearing
At a final hearing the Member often hears the applicant first, then you. Each side presents documents and witnesses and can question the other side. Most hearings are open to the public.
Lodge and give your evidence by the dates in ACAT’s directions. Late evidence may not be considered, and after the hearing you cannot add more unless ACAT allows it. If you cannot attend, ask for an adjournment at least five days before; adjournments are granted sparingly.
What to bring
- ACAT’s letters, the application and your response.
- Your evidence in a logical order with page numbers: contracts, emails, receipts, invoices, photographs and reports.
- Any timeline or witness statements ACAT directed, and your witnesses.
- A short outline of the orders you want and why.
Anything you rely on must already have been lodged with ACAT and given to the other parties.
Where Claim Done fits
The Tribunal Response costs a flat $129. It gives you separate PDFs: a response summary, a defence position statement, a chronology and an evidence list. You review them and file your response yourself.
The Hearing Script costs $29. It is a plain-English script for the hearing day for ACT tribunal hearings.
Claim Done is not a law firm. It doesn’t lodge or serve documents and can’t promise a result.
Frequently asked questions
How long do I have to respond to an ACAT civil dispute?
Usually 21 days after the application is served on you. Lodge your response by the date in ACAT’s letter, because ACAT can set a shorter time.
Is there a fee to respond to an ACAT application?
No. A fee applies only if you add a counterclaim. For an individual it is $93, $195 or $707 depending on the amount of the dispute, from 1 July 2026.
What happens if I don’t respond to an ACAT claim?
Judgment may be entered against you. If you also miss the directions hearing, ACAT may make final orders without hearing from you. You can apply, with no fee, to set aside orders made in your absence.
Can I lodge my ACAT response by email?
Yes, to tribunal@act.gov.au, if it is under 40 pages, has fewer than three attachments, has nothing in colour and no fee is payable. ACAT does not accept a counterclaim by email, so lodge that by post or at the counter.
Can I make a counterclaim in ACAT?
Yes. Complete Section C of the Response – Civil Dispute form and lodge it with your response, with the counterclaim fee unless you are exempt or ask for a waiver or deferral.
Do I need a lawyer for ACAT?
No. ACAT says you do not have to be represented, but you can choose to be. ACAT staff can give procedural information but not legal advice.
This is general information, checked in October 2026, and is not legal advice.
What happens when you put it in writing — properly
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