$0 ACT ACAT Civil Dispute Response Checklist

ACAT Tenant and Landlord Dispute — Responding to a General Civil Claim in the ACT

Most ACT tenancy disputes — bond returns, rent arrears, repairs during an active lease — go through ACAT's dedicated residential tenancy list under the Residential Tenancies Act 1997. That stream has its own forms, its own fee structure, and its own procedural rules. But not every dispute between a landlord and tenant stays there.

Claims about a residential tenancy — including post-tenancy damage, bond disputes and compensation claims above the bond — generally remain in ACAT's residential tenancy list. A genuinely separate dispute unrelated to the lease may instead fall in the general civil dispute stream. If you have been served with general civil papers, the paperwork and process are different from the tenancy stream.

Why Some Landlord-Tenant Claims End Up in the Civil List

The tenancy list handles disputes arising under the RTA about a lease or occupancy agreement, including compensation and damage claims after a tenancy ends. A claim for compensation above the bond can still be filed in the tenancy list. A genuinely separate claim unrelated to the tenancy may belong in the general civil list.

The practical consequence for you as a respondent: if the claim is in the general civil stream, you receive the standard Civil Dispute Application and Approved Form AF2021-29, not the tenancy-specific forms. The response is usually due within 21 days; use the due date in ACAT's correspondence. The matter proceeds through Directions Hearings, not the tenancy process.

What to Include in Your Response

Section B of Form AF2021-29 is where you set out your grounds for disputing the claim. For landlord-tenant civil disputes, focus on the specifics:

If you are a former tenant being sued for property damage:

  • Condition reports from move-in and move-out (these are your strongest evidence)
  • Photographs with timestamps showing the property's condition when you left
  • Receipts for any professional cleaning or repairs you arranged
  • Communication records showing what was reported to the landlord during the tenancy
  • The bond lodgement receipt and any bond refund documentation

If you are a former landlord being sued by a tenant:

  • The lease agreement and any addenda
  • Evidence of the specific property or items at issue
  • Communication records about the disputed matter
  • Invoices or quotes supporting damage costs
  • Any insurance claims filed in relation to the damage

Keep your Section B response factual and specific — you do not need legal submissions at this stage, just a clear statement of what you dispute and why.

Common Traps in These Cases

Filing in the wrong stream. If you believe the claim should be in the tenancy list rather than the civil list, raise this at the Directions Hearing. The Registrar can assess whether the matter has been filed in the correct stream, though they may allow it to proceed in the civil list if the claim genuinely falls outside the RTA.

Assuming the bond settles everything. A bond refund (or forfeiture) through the tenancy bond authority does not necessarily extinguish further claims. A landlord can seek additional compensation through ACAT's residential tenancy process, including when the claim exceeds the bond.

Ignoring the deadline because it seems like a tenancy matter. If you have been served with civil dispute papers, check the due date in ACAT's correspondence (usually 21 days) and respond on time while raising any question about the correct stream.

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Next Steps

The full response process — verifying your papers, calculating your deadline, filling in AF2021-29, preparing for the Directions Hearing, and organising evidence for a final hearing — is covered in the ACAT Response Guide.

If your dispute is still within the tenancy stream (active lease, current bond claim), contact the Tenancy Advice Service at Legal Aid ACT (1300 402 512) before lodging anything.

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