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). You have 14 days from service to respond—or risk losing by default. This guide explains how to respond to a tribunal application in Victoria, including filing a defence, raising preliminary objections, and lodging a counterclaim.

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.

You have 14 calendar days from the date of service to file your response. This includes weekends and public holidays. If you do nothing, VCAT can make a default order against you without hearing your side.

Three ways to respond to a VCAT application

1. File a response to dispute the claim

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

VCAT does not use the term “defence” in all lists—some call it a “response to application” or “answer.” The form varies by list:

• Residential Tenancies: no formal response form required, but file a written statement and attend the hearing
• Civil (goods, services, debts): file a response using the relevant form or written submissions
• Building and Property: file a response to application

Check the VCAT website for the correct form for your list.

2. File a counterclaim

If the applicant owes you money or has breached their obligations, you can file a counterclaim. This is a separate claim you make against the applicant within the same proceeding.

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

A counterclaim must be filed within the 14-day response period. You may need to pay an additional filing fee depending on the amount claimed.

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 file your response at VCAT

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: File and serve

You must file your response with VCAT and serve a copy on the applicant or their representative.

Filing options:

• Online via the VCAT portal if available for your list
• By post to the relevant VCAT registry
• In person at a VCAT office

Service: You must serve the applicant by email, post, or hand delivery. Keep proof of service—email receipt, Australia Post tracking, or statutory declaration.

File within 14 days of being served with the application. If you miss the deadline, you can apply for an extension, but VCAT may refuse if you do not have a good reason.

Step 4: Attend the hearing

VCAT will schedule a hearing date. You must attend. If you do not attend, VCAT can proceed without you and make orders in your absence.

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, file a counterclaim within your 14-day response period.

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
• Must be filed within the response period or with leave of VCAT
• 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?

If you do not file a response within 14 days, VCAT can make a default order against you.

A default order means:

• VCAT accepts the applicant’s version of events as true
• VCAT makes the orders the applicant requested, typically a money order
• You have no opportunity to present your case

You can apply to set aside a default order, but you must show:

• You have a reasonable excuse for not responding (e.g., you were not properly served, you were overseas, you were seriously ill)
• You have an arguable defence to the claim
• You acted promptly once you became aware of the default order

VCAT has discretion to refuse to set aside a default order if you do not have a good reason for the delay.

When to get a lawyer for a VCAT matter

You do not need a lawyer for most VCAT matters. The tribunal is designed to be accessible without legal representation.

However, consider getting a lawyer if:

• The claim is over $50,000
• The matter involves complex legal issues
• The other party is legally represented
• You are facing a counterclaim or cross-claim
• The outcome will have significant financial or personal consequences
• You are a business and the dispute involves commercial contracts or regulatory compliance

Many Victorian lawyers offer fixed-fee VCAT representation. Some lists, like residential tenancies, have free legal services available through community legal centres.

Final checklist: Responding to a VCAT application

• [ ] Confirm the date you were served—your 14 days start the next day
• [ ] Identify which VCAT list the application is in
• [ ] Gather all relevant documents and evidence
• [ ] Decide whether to file a response, counterclaim, or preliminary objection
• [ ] Write your response clearly and factually, supported by evidence
• [ ] File your response with VCAT within 14 days
• [ ] Serve a copy on the applicant and keep proof of service
• [ ] Attend all directions hearings and the final hearing
• [ ] Bring three copies of all documents to the hearing

Miss the 14-day deadline and you risk losing by default.

How ClaimDone prepares your VCAT response

ClaimDone’s Tribunal Response / Defence Pack service generates your written response to a VCAT application in under 60 minutes.

Upload the application and your evidence. Our Proprietary AI Engine analyses the claim, identifies the legal issues, and drafts a structured response citing the applicable Victorian legislation.

You receive:

• A written response ready to file at VCAT
• Suggested orders for the tribunal to make
• A checklist of evidence to attach
• Filing and service instructions

ClaimDone does not provide legal advice. For complex disputes, high-value claims, or matters involving multiple parties, consult a Victorian lawyer experienced in VCAT proceedings.

Flat fee. No subscription. Ready to file. Prepare your VCAT defence with ClaimDone's Tribunal Response service now.

Frequently Asked Questions

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

You have 14 calendar days from the date you were served with the application. This includes weekends and public holidays. If you do not respond within 14 days, VCAT can make a default order against you without hearing your side.

Can I file a counterclaim at VCAT?

Yes. If you have a claim against the applicant arising from the same circumstances, you can file a counterclaim within your 14-day response period. You may need to pay an additional filing fee depending on the amount you are claiming.

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 miss the 14-day deadline to respond to a VCAT claim?

VCAT can make a default order against you, accepting the applicant’s version of events as true. You can apply to set aside the default order, but you must show a reasonable excuse for the delay, an arguable defence, and prompt action once you became aware of the order.

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

No. VCAT is designed to be accessible without legal representation. However, consider getting a lawyer for high-value claims over $50,000, complex legal issues, or matters where the other party is legally represented.