How to Respond to a Tribunal Application in Victoria (VCAT Defence)

Someone has filed a claim against you at the Victorian Civil and Administrative Tribunal (VCAT). VCAT’s respondent page for goods and services disputes sets out no response form and no response deadline, but the hearing can go ahead without you. This guide explains how to respond to a tribunal application in Victoria, including putting your defence in writing, raising preliminary objections, and lodging a counterclaim.

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

What is VCAT and when must you respond?

VCAT is Victoria’s tribunal system for resolving civil disputes without going to court. It handles residential tenancies, consumer matters, goods and services disputes, building disputes, and more.

When someone files an application against you at VCAT, you become the respondent. The applicant must serve you with the initiating application, any supporting documents, and a notice of hearing date if already scheduled.

There is no fixed response deadline on VCAT’s respondent page for goods and services disputes, and no response form. 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. If you do not attend, VCAT may make a decision that affects you, and that decision can be enforced by a court.

Three ways to respond to a VCAT application

1. Put a written response together to dispute the claim

This is the standard defence. You write a response explaining why the applicant’s claim should be dismissed or reduced, attach your evidence, and set out your version of events.

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, and asks you to send documents that support your case to VCAT and the other parties before you come to VCAT. Check your notice and any VCAT orders for what your list requires.

2. File a counterclaim

If the applicant owes you money or has breached their obligations, you can make a counterclaim. This is a separate application to VCAT.

Example: A landlord claims unpaid rent. You counterclaim for bond wrongly withheld and failure to repair the property.

VCAT treats a counterclaim as a separate application, and you may need to pay an application fee. Check VCAT’s website for how to apply and the current fee.

3. Raise a preliminary objection

If you believe VCAT does not have jurisdiction, the claim is out of time, or there is another procedural defect, you can file a preliminary objection before addressing the merits.

Common preliminary objections include:

• Jurisdiction: VCAT does not have power to hear this type of dispute
• Time limits: the claim was filed outside the applicable limitation period
• Wrong party: you are not the correct respondent
• Lack of standing: the applicant has no legal right to bring the claim
• Res judicata: the same matter has already been decided

Preliminary objections are typically dealt with at a directions hearing before the substantive hearing.

How to prepare and send your response

Step 1: Gather your evidence

VCAT decides cases based on evidence. Collect everything that supports your position:

• Contracts, invoices, receipts
• Emails, text messages, letters
• Photos, videos, inspection reports
• Bank statements, payment records
• Witness statements if relevant

Organise your documents in chronological order and label each document clearly.

Step 2: Write your response

Your response should be clear, factual, and direct. VCAT members want evidence and law, not emotional arguments.

Structure your response like this:

1. Introduction: State your name, confirm you are the respondent, and briefly summarise your position
2. Facts in dispute: Go through the applicant’s claims point by point and state what you agree with and what you dispute
3. Your version of events: Set out what actually happened, supported by evidence
4. Legal basis: If applicable, cite the relevant legislation
5. Orders sought: State what you want VCAT to do (dismiss the application, reduce the amount, make alternative orders)

Keep it under five pages if possible. Attach your evidence as numbered exhibits.

Step 3: Send your documents

Send a copy of your response and the documents you will rely on to the applicant or their representative, and to VCAT if your notice or VCAT’s orders ask for them. For an in-person goods and services hearing, you must send your evidence at least 14 days before the hearing; for a phone or video hearing, follow the deadline in your notice.

Keep proof that you sent them: an email receipt or Australia Post tracking.

Step 4: Attend the hearing

VCAT will schedule a hearing date. You must attend. If you do not attend, VCAT may make a decision that affects you, and that decision can be enforced by a court.

At the hearing:

• Bring three copies of all your documents (one for you, one for the member, one for the other party)
• Be prepared to give evidence under oath or affirmation
• Be ready to answer questions from the VCAT member and the other party
• Speak clearly and stick to the facts

VCAT hearings are less formal than court, but you are still expected to be respectful and organised.

Filing a counterclaim at VCAT

If you have a claim against the applicant, you can make a counterclaim. VCAT treats a counterclaim as a separate application, and you may need to pay an application fee.

A counterclaim is a separate application. You become the “applicant on counterclaim” and the original applicant becomes the “respondent on counterclaim.”

Requirements for a counterclaim:

• Must arise out of the same transaction or circumstances as the original claim
• Must be within VCAT’s jurisdiction
• May require payment of a filing fee

Example: You are sued for $8,000 for allegedly defective building work. You counterclaim for $12,000 for unpaid invoices on the same project. Both claims are heard together.

VCAT will typically hear the original claim and counterclaim at the same hearing. The member will make orders on both.

Raising preliminary objections

A preliminary objection challenges VCAT’s power to hear the claim or the procedural validity of the application.

Common grounds:

• No jurisdiction: The dispute is outside VCAT’s statutory jurisdiction (e.g., a defamation claim)
• Time-barred: The claim was filed after the limitation period expired
• Wrong forum: The dispute should be in court, not VCAT (e.g., a debt over the monetary limit)
• Abuse of process: The application is vexatious, frivolous, or an attempt to re-litigate a decided matter

Preliminary objections are typically raised in writing and dealt with at a directions hearing. If the objection succeeds, the application is dismissed without a hearing on the merits. If the objection fails, the hearing proceeds as normal.

What happens if you do not respond?

VCAT’s respondent page for goods and services disputes sets out no response deadline and does not describe a default order. What it does say is 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.

Final checklist: Responding to a VCAT application

• [ ] Note the hearing date and every date in your notice and VCAT’s orders
• [ ] Identify which VCAT list the application is in
• [ ] Gather all relevant documents and evidence
• [ ] Decide whether to write a response, make a counterclaim, or raise a preliminary objection
• [ ] Write your response clearly and factually, supported by evidence
• [ ] Send your evidence to the applicant by the date VCAT sets (at least 14 days before an in-person goods and services hearing)
• [ ] Keep proof that you sent it
• [ ] Attend all directions hearings and the final hearing
• [ ] Bring three copies of all documents to the hearing

Miss the hearing and VCAT may decide without you.

How Claim Done prepares your VCAT response

Claim Done’s Tribunal Response / Defence Pack service drafts your side of a VCAT application in about 5 minutes.

Tell us about the application and your evidence, and answer plain questions about your side.

You receive 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. Claim Done does not prepare VCAT forms, witness statements or an evidence bundle, and does not file or serve anything for you.

Claim Done does not provide legal advice.

Flat fee. No subscription. Prepare your VCAT defence with Claim Done's Tribunal Response service now.

Frequently Asked Questions

How long do I have to respond to a VCAT application in Victoria?

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 file a counterclaim at VCAT?

Yes. If you have a claim against the applicant arising from the same circumstances, you can make a counterclaim. VCAT treats a counterclaim as a separate application, and you may need to pay an application fee.

What is a preliminary objection at VCAT?

A preliminary objection challenges VCAT’s jurisdiction or the procedural validity of the application. Common grounds include lack of jurisdiction, time limits, wrong party, or abuse of process. Preliminary objections are typically dealt with at a directions hearing before the substantive hearing.

What happens if I do not take part in a VCAT claim?

VCAT’s respondent page for goods and services disputes does not describe a response deadline or a default order. It does say that if a respondent does not come to the hearing, VCAT may make a decision that affects them, and that decision can be enforced by a court.

Do I need a lawyer to respond to a VCAT application?

No. VCAT is designed to be accessible without legal representation.