You’ve been served with a tribunal application. You’re the respondent. The applicant wants money, an order, or both. What you do next matters.
Two mistakes are common: doing nothing until it is too late, and filing an emotional rant that ignores the legal issues. This guide explains what Australian tribunals typically require from respondents, by when, and how to structure a defence that addresses the claim on its merits.
What “respondent” means in tribunal proceedings
The respondent is the party being sued. The applicant filed the claim. In small claims tribunals across Australia — NCAT (New South Wales), VCAT (Victoria), QCAT (Queensland), SACAT (South Australia), ACAT (Australian Capital Territory), and their equivalents — the applicant files first, and the documents served on the respondent say what happens next.
If you do nothing, the tribunal can decide the case without you. In a QCAT minor debt claim, the applicant can ask for a decision by default. VCAT says that if a respondent does not come, it may make a decision that affects them, and NCAT says it will probably hear the application in your absence and enforceable orders may be made against you. Silence is not a defence.
What to prepare as a respondent
Every Australian tribunal has its own procedures. Whether you must file a written response, and by when, depends on the tribunal and the type of claim. In QCAT, a response (Form 7) is due within 28 days of service only in a minor debt claim. VCAT’s respondent page for goods and services disputes and NCAT’s respondent page for its Consumer and Commercial Division set out no response form and no response deadline. Follow the documents you were served.
Response or defence
Whether or not your tribunal has a form, a written response should include:
- Your full name and contact details
- Whether you admit, deny, or do not know about each allegation in the application
- A brief statement of your version of events
- Any counterclaim you plan to make, if your tribunal allows one
Where the tribunal has a form, such as QCAT’s Form 7 for a minor debt claim, download it from the tribunal’s website and use it.
Supporting documents
Attach everything that supports your version of events:
- Contracts, invoices, receipts, quotes
- Emails, text messages, letters
- Photos of defects, damage, or completed work
- Bank statements showing payment (or non-payment)
- Witness statements (if allowed at this stage)
Label each document clearly. Number the pages. If the tribunal has a document bundle template, use it.
Counterclaim (if applicable)
If the applicant owes you money or caused you loss, you may be able to bring your own claim. How depends on the tribunal: VCAT treats a counterclaim as a separate application, NCAT allows a cross-claim only in some types of case, and QCAT allows a counter application in consumer and trader, tenancy and dividing fence disputes but not in a minor debt dispute. Do it as early as you can.
State the amount, the legal basis, and attach supporting evidence.
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 the claim or demand from?
2. How much are they claiming?
3. Do you have it in writing?
Your result is ready. Where should we send it?
Deadlines for filing your response
- QCAT (Queensland): 28 days from service to file Form 7, in a minor debt claim only. In consumer and trader, tenancy and dividing fence disputes, QCAT says you are not required to file a response, but you can file a reply or evidence up to 7 days before the hearing.
- VCAT (Victoria): for goods and services disputes, no response form and no response deadline. Send the applicant copies of your evidence at least 14 days before an in-person hearing.
- NCAT (New South Wales): for the Consumer and Commercial Division, no response form and no response deadline. Follow your notice of listing.
- Other tribunals: follow the documents you were served and the tribunal’s website.
If you cannot meet a date the tribunal sets, ask for more time before it passes, with a good reason.
How to structure a tribunal defence
A strong response does three things:
- Addresses each allegation specifically — do not write a general denial
- States the facts that support your position — not opinions or emotions
- Identifies the legal or factual issue in dispute — what is the real disagreement?
Admit what you can admit
If the applicant says you entered into a contract on 15 March 2024, and you did, admit it. Do not deny facts that are obviously true. Tribunals lose patience with respondents who deny everything reflexively.
Admissions narrow the issues. If the only dispute is whether the work was defective, admit the contract, admit the price, admit the date — and focus your defence on quality.
Deny what you must deny
If the applicant alleges you breached the contract, and you did not, deny it clearly:
> “The respondent denies the allegation in paragraph 4 of the application. The work was completed in accordance with the agreed scope on 20 April 2024, as evidenced by the attached completion certificate and photos.”
Attach the evidence that proves your denial.
State what you do not know
If the applicant makes an allegation about something outside your knowledge — for example, what a third party said or did — state that you do not know and cannot admit or deny it. Do not guess.
Common respondent defences in Australian tribunals
Depending on the claim, your defence might rely on one or more of these:
Payment already made
You paid the invoice. Attach the bank statement, the receipt, or the email confirming payment. If the applicant claims non-payment, this ends the dispute.
Work was defective or incomplete
The applicant claims you owe money for work done. You argue the work was defective, incomplete, or not done to the agreed standard. Attach photos, expert reports, quotes for rectification, and any correspondence where you notified the applicant of the defects.
No contract existed
The applicant claims you agreed to pay for something. You argue there was no agreement, or the terms were never finalised. Attach the email thread showing negotiations broke down, or evidence that you rejected the quote.
The claim is time-barred
Most tribunal claims must be filed within a limitation period — typically 6 years for contract and debt claims in most states. If the alleged breach occurred more than 6 years ago, the claim may be statute-barred.
Check the date of the alleged breach. If it is outside the limitation period, raise this in your response.
You are not the correct respondent
Sometimes applicants sue the wrong entity or the wrong person. If you were not a party to the contract, or the contract was with your company (not you personally), state this clearly and provide evidence.
What not to include in your response
Tribunal members read hundreds of responses. Do not waste their time with:
- Emotional appeals — “This has caused me so much stress” is not a legal defence
- Irrelevant background — the tribunal does not need your life story
- Attacks on the applicant’s character — focus on the facts
- Unsubstantiated allegations — if you claim the applicant is lying, prove it with evidence
Keep it factual. Keep it relevant. Keep it short.
What happens next
The tribunal will typically:
- List the matter for a directions hearing or conciliation — an opportunity to settle before a full hearing
- Issue orders for further evidence — both parties may be required to file additional documents or witness statements
- Set a hearing date — if the matter does not settle
Attend every hearing. If you cannot attend, apply for an adjournment in advance with a valid reason. Do not assume the tribunal will reschedule because you are unavailable.
Final checklist
Before you lodge or send anything, confirm:
- [ ] You have used the tribunal’s form, if your tribunal requires one
- [ ] You have addressed every allegation in the application (admit, deny, or do not know)
- [ ] You have attached all supporting documents, clearly labelled
- [ ] You have met any date the tribunal sets (or asked for more time)
- [ ] You have served a copy on the applicant (if required by the tribunal rules)
- [ ] You have kept a copy of everything you filed
Missing any of these can delay your case or weaken your defence.
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Frequently Asked Questions
What happens if I don't file a response to a tribunal claim?
If you do nothing, the tribunal can decide the case without you. In a QCAT minor debt claim, the applicant can ask for a decision by default. VCAT says that if a respondent does not come, it may make a decision that affects them, and NCAT says it will probably hear the application in your absence and enforceable orders may be made against you. In a QCAT minor debt claim, if a decision by default is made, you can apply to have it set aside: you need to explain why a response was not filed in time and include your response to the original application.
Can I file my tribunal response by email?
It depends on the tribunal. Some accept email lodgement, others require online filing through a portal, and some still require paper lodgement by post or in person. Check the tribunal’s website or the instructions on the application you received.
Do I need a lawyer to respond to a tribunal claim?
No. Tribunals are designed for self-represented parties. Most respondents do not have lawyers.
Can I make a counterclaim after I've filed my response?
It depends on the tribunal: VCAT treats a counterclaim as a separate application, NCAT allows a cross-claim only in some types of case, and QCAT allows a counter application in consumer and trader, tenancy and dividing fence disputes but not in a minor debt dispute. Do not leave it late.
What if I need more time to gather evidence for my response?
Apply for an extension before the deadline expires. Explain why you need more time and propose a new deadline. Tribunals are generally reasonable if you have a valid reason, but they will not grant extensions indefinitely. Do not wait until the last day to ask.
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