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. You have a limited time to respond, and getting it wrong can cost you the case before you walk into the hearing room.

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.

Filing deadlines — do not miss these

VCAT response deadlines are strict. The timeframe depends on the list your case is in.

Civil disputes (goods, services, debt, contracts): File a response within 14 days of being served.

Residential tenancies: File a response within 2 business days of being served.

Domestic building disputes: File a response within 14 days of being served.

Miss the deadline and VCAT can proceed without your input. The applicant may get a default order — meaning you lose by not showing up. You can apply to set aside a default order, but it requires explaining why you did not respond on time.

Check the date of service. If the application was posted to you, service is typically deemed to occur on the fourth business day after posting. If it was handed to you or emailed (if you consented to email service), count from that date.

What form do you file?

VCAT does not use a single response form for all cases. The form depends on the list.

Civil disputes (general civil list): File a Response to Application form. Download it from the VCAT website or complete it online via the VCAT portal.

Residential tenancies: File a Response to Application (Residential Tenancies) form.

Domestic building: File a Response to Application (Domestic Building) form.

All forms ask 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 allows counterclaims in the same proceeding. Include your counterclaim in the response form. Set out:

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

You may need to pay a counterclaim fee if your counterclaim exceeds a certain amount. Check the VCAT fee schedule.

How to file your response

You can file your response:

Online — via the VCAT portal (fastest, confirmation is instant) By post — mail the completed form to VCAT, 55 King Street, Melbourne VIC 3000 In person — hand-deliver to the VCAT registry counter

If you file by post, allow time for delivery. The deadline is the date VCAT receives it, not the date you post it.

Serve a copy on the applicant. VCAT requires you to send a copy of your response to the applicant or their representative. You can email it, post it, or hand-deliver it. Keep proof of service — a sent email, a photo of the envelope, a signed acknowledgment.

What happens after you file your response?

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 the deadline. File on time. Even one day late risks a default order.

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 serving the applicant. VCAT requires you to send a copy of your response to the other party. If you do not, your response may be struck out.

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?

Most VCAT cases settle. 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 file 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. ClaimDone’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

ClaimDone’s Witness Statement and Legal Submissions services can help. Upload your evidence, answer a few questions, and receive a formatted document ready to file with VCAT.

When to get a lawyer

You do not need a lawyer for most VCAT cases. The tribunal is designed for self-represented parties. But consider getting legal advice if:

• The claim exceeds $50,000
• The applicant is represented by a lawyer
• The case involves complex legal issues (fraud, misleading conduct, statutory interpretation)
• You are at risk of losing your home, business, or livelihood
• You do not understand the legal basis of the claim

A lawyer can represent you at VCAT or provide limited-scope advice — reviewing your response, drafting submissions, or appearing at the final hearing only.

How ClaimDone helps with VCAT responses

ClaimDone’s Tribunal Response service prepares a professionally formatted response to a VCAT application based on the evidence you upload. You complete a 10-minute intake form, upload the application and any supporting documents, and ClaimDone’s Proprietary AI Engine drafts a response that:

• Admits, denies, or disputes each claim based on your instructions
• Sets out your version of events in clear, structured paragraphs
• Includes a counterclaim if applicable
• References the relevant Victorian legislation where appropriate

You receive a Word document ready to file. You can edit it, sign it, and submit it to VCAT yourself. Flat fee of $197. Done in 60 minutes.

ClaimDone does not give legal advice. For complex cases, high-value disputes, or matters involving fraud, defamation, or regulatory issues, consult a Victorian lawyer.

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

Frequently Asked Questions

What happens if I miss the VCAT response deadline?

VCAT can make a default order in favour of the applicant, meaning you lose without a hearing. You can apply to set aside a default order, but you must explain why you missed the deadline and show that you have a genuine defence. It is always better to file on time.

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 unless the case is complex, high-value, or involves technical legal issues. 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 after I file my response?

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.