How to Respond to a Tribunal Application in Victoria Without a Lawyer

You have been served with a Victorian Civil and Administrative Tribunal (VCAT) application. The applicant wants something from you — money, repairs, an order. There are dates you must meet, and getting them wrong can hurt your case before you walk into the hearing room.

For the forms, fees and each step, see our guide to making an VCAT application.

What is VCAT and why are you being sued there?

VCAT is Victoria’s state tribunal. It handles civil disputes up to $100,000, residential tenancy matters, goods and services complaints, planning disputes, and guardianship cases. Unlike a court, VCAT operates with less formality, but the decisions are legally binding and enforceable.

Common VCAT applications include:

• Residential tenancies — bond disputes, repairs, eviction
• Goods and services — faulty products, poor workmanship, refund claims
• Owners corporation — disputes between lot owners or the OC
• Building and property — domestic building disputes, fencing, tree disputes
• Credit and debt — unpaid invoices, loan recovery

The applicant has already paid a filing fee and submitted their case. You are now the respondent. Your response determines whether you contest the claim, admit part of it, or settle before the hearing.

Dates you must not miss

VCAT’s respondent page for goods and services disputes sets out no response form and no response deadline. The dates that matter are in the notice VCAT sends you and in any orders it makes. For an in-person goods and services hearing, you must 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. For building and construction disputes, VCAT’s respondent page says that if you are attending a hearing or mediation before a directions hearing, you must send copies of the documents that support your case to VCAT and all other parties before you come to VCAT.

If you do not attend, VCAT may make a decision that affects you, and that decision can be enforced by a court.

Do you need a form?

VCAT’s respondent page for goods and services disputes sets out no response form. For building and construction disputes, VCAT’s 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. Whatever your list, a clear written response answers the same basic questions:

• Do you admit or deny the claim?
• What facts do you dispute?
• What is your version of events?
• Do you have a counterclaim?

What to admit, what to deny, and what to dispute

This is the most important part of your response. Do not admit something just because it sounds true. Admissions are binding. If you admit the applicant’s version of events, VCAT will treat it as fact.

Admit only what you genuinely agree with. For example:

• “I agree that I hired the applicant to paint my house on 15 March 2024.”
• “I agree that the agreed price was $3,500.”

Deny what is false or exaggerated. For example:

• “I deny that the work was completed to a professional standard.”
• “I deny that I agreed to pay for materials separately.”

Dispute what you do not know or cannot confirm. For example:

• “I dispute that the applicant spent 40 hours on the job.”
• “I dispute that the materials cost $1,200.”

If the applicant claims you owe $5,000 but you believe you only owe $2,000, say so. Explain why. Attach evidence if you have it — invoices, emails, photos, contracts.

Do you have a counterclaim?

A counterclaim is your own claim against the applicant. If the applicant is suing you for unpaid work, but their work was defective and you had to pay someone else to fix it, you can counterclaim for those costs.

VCAT treats a counterclaim as a separate application, and you may need to pay an application fee. Set out:

• What you are claiming
• How much you are claiming
• The factual basis for the claim
• Any evidence you have

Check VCAT’s website for the current fee.

How to send your response

Send your response and the documents you will rely on to the applicant or their representative by the date VCAT sets, and to VCAT if your notice or VCAT’s orders ask for them. You can email, post or hand-deliver them. Keep proof that you sent them: a sent email, a photo of the envelope, a signed acknowledgment.

What happens next?

Once VCAT receives your response, the tribunal will typically list the matter for a directions hearing or compulsory conference.

Directions hearing: A short hearing (often 15-30 minutes) where a VCAT member or registrar asks both parties what the dispute is about, what evidence you have, and whether settlement is possible. The member will set a timetable for filing witness statements, documents, and expert reports (if needed). They will also set a final hearing date.

Compulsory conference: A confidential settlement meeting. A VCAT mediator helps both parties negotiate. If you settle, the matter ends. If you do not settle, the case proceeds to a directions hearing or final hearing.

Not all cases get a compulsory conference. VCAT decides based on the nature of the dispute and whether settlement is realistic.

Preparing for the directions hearing

The directions hearing is not the final hearing. You do not present your full case. But you must be ready to explain:

• What you admit and what you dispute
• What evidence you have (contracts, emails, photos, invoices, receipts)
• Whether you need witness statements or expert reports
• Whether you are willing to settle

Bring copies of key documents. If the applicant has made claims you dispute, bring the evidence that contradicts them. If you have a counterclaim, bring the evidence that supports it.

Be clear and direct. VCAT members appreciate parties who know their case and can explain it without rambling. Do not argue the merits of your case at the directions hearing — save that for the final hearing.

Common mistakes to avoid

Missing a date. Follow every date in VCAT’s notice and orders, including the 14-day evidence rule before an in-person goods and services hearing.

Admitting too much. Only admit what you genuinely agree with. Do not admit the applicant’s interpretation of events.

Filing a vague response. “I deny everything” is not a defence. Explain what you dispute and why.

Not sending the applicant your evidence. For an in-person goods and services hearing, VCAT requires you to send the applicant copies of your evidence at least 14 days before the hearing.

Ignoring the directions hearing. If you do not attend, VCAT may proceed without you or make orders you did not agree to.

Bringing no evidence. Even at a directions hearing, you should have copies of key documents.

What if you want to settle before the hearing?

If you and the applicant can agree on a resolution — a payment plan, a reduced amount, a repair, a mutual release — you can avoid the final hearing.

Settlement can happen at any stage:

• Before you send your response
• After the directions hearing
• During a compulsory conference
• On the day of the final hearing

If you settle, put it in writing. A settlement agreement should include:

• What each party agrees to do (pay, repair, vacate, release)
• The timeframe for performance
• What happens if someone breaches the agreement
• A mutual release (both parties agree not to sue each other again over the same matter)

Once signed, you file a notice of discontinuance with VCAT, and the case ends. Claim Done’s Deed of Settlement service prepares a binding settlement agreement that both parties can sign.

Final hearing preparation

If the case does not settle, it proceeds to a final hearing. This is where you present your evidence, cross-examine the applicant’s witnesses, and make submissions.

VCAT final hearings are less formal than court, but you still need:

• Witness statements — written statements from anyone who saw or knows about the events
• Documents — contracts, invoices, emails, photos, receipts, expert reports
• A clear timeline — what happened, when, and who did what
• Legal submissions — a short written summary of your case

Claim Done’s Witness Statement and Legal Submissions services can help. Tell us what evidence you have, answer a few questions, and receive a formatted document to check and file with VCAT yourself.

How Claim Done helps with VCAT responses

Claim Done’s Tribunal Response service drafts your side of a VCAT application from your answers and the evidence you describe. You complete a 10-minute intake form, tell us about the application and any supporting documents, and Claim Done’s Programmatic Algorithms draft four separate A4 PDFs:

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

You review them, attach your own evidence and send it yourself. The Tribunal Response does not prepare VCAT forms, counterclaims or an evidence bundle, and Claim Done does not file or serve anything for you. Flat fee of $129. Done in about 5 minutes.

Claim Done does not give legal advice.

Start your VCAT response today at claimdone.com.au/services/tribunal-response-defence-pack.

Frequently Asked Questions

Is there a VCAT response deadline?

VCAT’s respondent page for goods and services disputes sets out no response form and no response deadline. Follow the dates in your notice and VCAT’s orders, including sending your evidence to the applicant at least 14 days before an in-person hearing. If you do not attend, VCAT may make a decision that affects you, and that decision can be enforced by a court.

Can I represent myself at VCAT or do I need a lawyer?

You can represent yourself at VCAT. The tribunal is designed for self-represented parties. You do not need a lawyer for straightforward matters. Most VCAT cases are decided without lawyers.

What is a directions hearing and do I have to attend?

A directions hearing is a short preliminary hearing where VCAT sets a timetable for the case, discusses settlement, and identifies the issues in dispute. You must attend. If you do not, VCAT may make orders without your input or proceed to a final hearing in your absence.

Can I settle a VCAT case before the hearing?

Yes. You can settle at any stage — before the directions hearing, during a compulsory conference, or even on the day of the final hearing. If you settle, put the agreement in writing and file a notice of discontinuance with VCAT to formally end the case.

What evidence do I need to bring to a VCAT hearing?

Bring any documents that support your case — contracts, invoices, emails, photos, receipts, bank statements, and witness statements. VCAT expects you to file your evidence before the hearing. Check the directions order for filing deadlines.