Tribunal Response Pack: What to File When You’re the Respondent

You’ve been served with a tribunal application. You’re the respondent. The applicant wants money, an order, or both. You now have a short window to file your response — and what you file matters.

Most respondents make one of two mistakes: they file nothing and lose by default, or they file 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 (NSW), VCAT (Vic), QCAT (Qld), SACAT (SA), ACAT (ACT), and their equivalents — the applicant files first, and the respondent has a set period to respond.

If you do not respond by the deadline, the tribunal can make orders against you in your absence. This is called a default judgment. It happens because respondents assume silence is a defence. It is not.

What you must file as a respondent

Every Australian tribunal has its own forms and procedures, but the core documents are consistent:

Response or defence form

This is the formal document that tells the tribunal you intend to defend the claim. It typically requires:

• 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 wish to make (if applicable)

The form is usually called a “Response,” “Defence,” or “Notice of Intention to Defend.” Download it from the tribunal’s website. Do not improvise your own format.

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, file a counterclaim in the same proceeding. This must be done within the response period. You cannot raise it for the first time at the hearing.

Most tribunals have a separate counterclaim form or a section within the response form. State the amount, the legal basis, and attach supporting evidence.

Deadlines for filing your response

Deadlines vary by state and tribunal, but the standard range is 14 to 28 days from the date you were served with the application.

• NCAT (NSW): 28 days
• VCAT (Vic): 14 days for most consumer matters
• QCAT (Qld): 28 days
• SACAT (SA): 21 days
• ACAT (ACT): 28 days

Check the application you received. The deadline is printed on the front page. If you were served by post, add the postal service days allowed in your state (typically 2-7 days).

If you miss the deadline: you can apply for an extension, but you need a good reason. “I was busy” is not a good reason. “I was hospitalised” or “I did not receive the documents until late” might be.

How to structure a tribunal defence

A strong response does three things:

1. Addresses each allegation specifically — do not write a general denial
2. States the facts that support your position — not opinions or emotions
3. 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.

After you file: what happens next

Once your response is filed, the tribunal will typically:

1. List the matter for a directions hearing or conciliation — an opportunity to settle before a full hearing
2. Issue orders for further evidence — both parties may be required to file additional documents or witness statements
3. 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 file

Before you lodge your response with the tribunal, confirm:

• [ ] You have completed the correct response form for your state
• [ ] You have addressed every allegation in the application (admit, deny, or do not know)
• [ ] You have attached all supporting documents, clearly labelled
• [ ] You have filed within the deadline (or applied for an extension)
• [ ] 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.

When to get legal advice

If the claim involves a complex legal issue, a large amount of money, or a dispute where the facts are unclear, speak to a lawyer before you file your response. ClaimDone prepares documents — it does not give legal advice.

For straightforward disputes where the facts are clear and the amount is within the tribunal’s small claims limit, a well-prepared response is often sufficient.

How ClaimDone prepares your tribunal response

ClaimDone’s Tribunal Response / Defence Pack service generates a structured response that addresses each allegation in the applicant’s claim, organises your evidence into a tribunal-ready bundle, and prepares witness statements if required.

You upload the tribunal application and your supporting documents. The Proprietary AI Engine analyses the claim, identifies the legal issues, and drafts a response that follows the tribunal’s format and rules. You review, approve, and file.

Fixed fee. No subscription. Prepared in 60 minutes. Prepare your tribunal defence with AI assistance and file with confidence.

Frequently Asked Questions

What happens if I don't file a response to a tribunal claim?

The tribunal can make a default judgment against you, meaning the applicant wins without you being heard. You may then owe the full amount claimed plus the applicant’s filing fees. You can apply to set aside a default judgment, but you need a good reason and you must act quickly.

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. However, if the claim is complex, high-value, or involves disputed legal issues, getting legal advice before you file can help you avoid costly mistakes.

Can I make a counterclaim after I've filed my response?

Usually no. Most tribunals require counterclaims to be filed with your initial response or within the response period. If you try to add a counterclaim later, you will need the tribunal’s permission, and it may be refused if it causes delay or prejudice to the applicant.

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.