How to Prepare a VCAT Defence as a Small Business Owner Without a Lawyer

A customer has lodged a claim against your business at VCAT. The papers arrived at your registered address — a Notice of Application or a directions order with deadlines you did not ask for and procedural language you have never seen. You are running a business, and now you also have to run a defence.

For claims under A$15,000 in the Goods and Services List, s 62 of the VCAT Act means you represent yourself unless the tribunal grants leave for a solicitor. Hiring one anyway — for background advice you cannot use at the hearing — costs A$3,000–$10,000+ for a fully defended matter. For most small business disputes at this level, the procedure is the hard part, not the law. You know what happened. The challenge is putting it on paper in the format VCAT expects, by the deadlines the Member has set.

Step 1: Understand Your Papers (Day 1)

The papers should include a Notice of Application (the customer's formal claim) and a copy of the application. If VCAT has set a procedural timetable, you may also receive a directions order. Read them carefully. The application tells you what is being claimed and for how much. The directions order tells you what to file and by when.

Critical: VCAT does not use a universal 28-day response deadline. Your specific deadlines are set by the Member in the directions order or VCAT notice. They might give you three weeks for Points of Defence and set the hearing eight weeks out — or something entirely different. Every date in that order is binding.

If you received a myVCAT notification instead of postal mail, log in to the myVCAT portal immediately. For Goods and Services disputes lodged on or after 6 December 2023, parties use myVCAT to manage cases and file documents online.

Step 2: Map Your Deadlines (Day 1–2)

Take every date from the directions order and write them on a single page. You need to track:

• Points of Defence due date — when your formal written response must be filed
• Evidence exchange deadline — at least 14 days before an in-person final hearing; for telephone or videoconference hearings, follow the cut-off in the VCAT Notice
• Compulsory conference or mediation date — if one is scheduled, attendance is mandatory
• Hearing date — the final date; if you do not attend, the Tribunal may hear the case without you

Missing any directed date can have consequences. If VCAT orders you to file Points of Defence and you fail to do so, VCAT rules deem you to admit all factual allegations in the applicant's Points of Claim. If you do not attend a hearing, the Tribunal may proceed in your absence and make an order; reopening it under s 120 is not guaranteed.

Step 3: Draft Your Points of Defence (Before the Directed Deadline)

Points of Defence are not a letter explaining your side. They are a structured response to the applicant's Points of Claim, addressed paragraph by paragraph.

For each numbered paragraph in the applicant's Points of Claim, your response is one of three things:

• Admitted — you agree with that specific factual statement
• Denied — you dispute it, and you state your version of the facts
• Not Known — you cannot confirm or deny it from your own knowledge

After addressing each paragraph, add your positive case — the facts you rely on that the applicant has not mentioned. If you completed the work, delivered the goods as described, or gave the customer opportunities to inspect, this is where those facts go.

Keep it factual. Points of Defence are not the place for emotional arguments, character assessments, or opinions about the customer's motives. VCAT Members read dozens of these; clear, numbered, factual statements are what they need.

Step 4: Decide Whether to Counterclaim

If the customer owes you money — unpaid invoices, damage to your tools or property, costs you incurred because of their conduct — you may have a counterclaim. Filing one requires a separate Goods and Services application via myVCAT, quoting the existing VCAT reference number, and an application fee.

Weigh this carefully. A counterclaim extends the hearing, increases your preparation burden, and requires its own evidence. For a small business owner already stretched for time, defending the existing claim and getting it resolved may be worth more than pursuing a modest counterclaim.

Step 5: Build Your Evidence Bundle (By the Directed Deadline)

For an in-person final hearing, VCAT requires you to serve supporting evidence on the other party at least 14 days before the hearing. For telephone or videoconference hearings, email it to both VCAT and the applicant by the cut-off date in the VCAT Notice. Your evidence bundle should include:

• Contracts, quotes, invoices, and receipts — the paper trail of the transaction
• Correspondence — emails, text messages, and letters between you and the customer, in chronological order
• Photographs or inspection reports — if the dispute involves physical goods or workmanship
• Expert reports — if you engaged an independent expert (not mandatory, but helpful for technical disputes)

If your evidence bundle exceeds 50 pages, VCAT practice guidelines require you to combine it into a single, continuously page-numbered PDF. For shorter bundles, page-numbering and an index listing each document with its page range help keep the evidence organised.

Serve the bundle directly on the other party (by post or email) and keep proof of service. Complete and sign the Declaration of Service form, then lodge it with VCAT at least seven days before the hearing.

Step 6: Prepare for the Hearing

VCAT Goods and Services hearings are relatively informal compared to courts, but preparation still matters. Hearings may be remote (Microsoft Teams) or in-person at a VCAT venue.

Bring three copies of everything: one for you, one for the other party (in case they do not have theirs), and one for the Member. Know your documents well enough to find any page quickly when the Member asks.

The Member will typically ask each party to summarise their position, then ask questions. Address the Member as "Member" (not "Your Honour" — this is a tribunal, not a court). Speak to the Member, not to the other party. Stay factual.

The Full Process in One Document

Each of these steps draws on different VCAT web pages, practice notes, and legal aid fact sheets. The Responding to a VCAT Civil Claim guide puts the entire response procedure in order with fillable worksheets — a deadline tracker, Points of Defence matrix, evidence bundle index, service log, and hearing checklist — so you are not piecing the process together from scattered sources while also running your business.

Frequently Asked Questions

Can my business partner or employee represent the business at VCAT?

For a company respondent, nominating a corporate officer is one circumstance in which representation may be allowed under VCAT's rules. For a sole trader, s 62 restricts legal representation in a Goods and Services claim under A$15,000 unless VCAT grants leave. A support person may attend, but cannot speak on your behalf unless the Tribunal Member approves written authorization.

What happens if I miss the Points of Defence deadline?

If VCAT ordered you to file Points of Defence and you failed to do so, VCAT rules deem you to admit all factual allegations in the applicant's Points of Claim. You can still attend the hearing. If you have missed the deadline, contact the VCAT registry and consider applying for an extension or adjournment.

Should I try to settle before the hearing?

Many VCAT disputes settle before or at the compulsory conference. If the customer's claim has some merit and the amount is modest, a negotiated settlement saves both parties the hearing preparation time. Settlement agreements can be formalised as consent orders, which are enforceable like any other VCAT order.

How long does a VCAT Goods and Services hearing take?

Most hearings are allocated half a day (approximately 2–3 hours). Complex matters or disputes with multiple claims and counterclaims may run longer. The Member will inform you of the time allocation in the directions order or at the start of the hearing.

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