How to Respond to an ACAT Claim Without a Lawyer

You can respond to a Civil Dispute Application in ACAT entirely on your own. The tribunal is designed for self-represented parties, and in civil disputes under $25,000, most respondents do not have a solicitor. The procedure is not complicated in substance — fill in the correct section of Form AF2021-29, file it before the 21-day deadline, prepare your evidence, and attend the hearing — but the steps are scattered across multiple ACAT pages, and the consequences of missing the deadline or filing incorrectly are real.

This post walks through the full response process for a self-represented respondent.

Step 1: Understand What You Have Been Served

The envelope contains a Civil Dispute Application — the applicant's claim form — plus a blank or partially pre-filled copy of Form AF2021-29 (Response to Civil Dispute Application). Read the application first. Identify:

• The case number (top of the application — you will need this on every document you file)
• The applicant's name and their claim amount
• The basis of the claim — what the applicant says happened and what they want
• The date you received the application — the day after receipt is day 1 of the 21-day period

If the papers are confusing, do not ignore them. ACAT lists civil dispute applications for an initial Directions Hearing after the response due date. If you do not take part, the Tribunal may make final orders without hearing from you.

Step 2: Calculate Your Deadline

You have 21 calendar days from receiving the Civil Dispute Application to file your response. Exclude the day you receive it; day 1 is the next day. Weekends and ACT public holidays count in the 21 days. If day 21 falls on a Saturday, Sunday, or ACT public holiday, the deadline moves to 4:30 pm on the next business day.

Step 3: Choose Your Response Route

Form AF2021-29 has three response sections. Complete the section or sections that match your position; you can use Section B and Section C together if you dispute the claim and bring a counterclaim:

Section A — Admit the claim and propose a payment plan. You agree you owe the money but want to pay in instalments. You will need to propose a payment schedule that ACAT can assess as reasonable.

Section B — Dispute the claim. You deny that you owe what the applicant is claiming, or you dispute the amount. This is the most common route for respondents who believe they have a defence. You must briefly explain your grounds for disputing.

Section C — Lodge a counter-application. You make your own claim against the applicant. The 2026–27 fee depends on the claim amount and whether the counterclaimant is a natural person or corporation: for a natural person it is $93 up to $3,000, $195 from $3,000.01 to $15,000, and $707 above $15,000; corporation fees are $185, $392, and $1,415 respectively. Exemptions, waivers, or deferrals may apply. A counter-application is heard with the original claim.

You can file Section B (dispute) and Section C (counterclaim) together on the same form. If you are unsure which route to take, get advice before filing; a counterclaim is lodged in Section C and attracts a fee.

Step 4: Complete and File Form AF2021-29

Form AF2021-29 is a downloadable PDF; the ACAT Online Forms portal is for applicants starting a civil dispute. You can lodge a response by email to [email protected] if the documents total fewer than 40 pages, there are fewer than three attachments, and no fee is payable; by post to ACAT, GPO Box 370, Canberra ACT 2601; or at the registry counter on weekdays from 9:00 am to 4:30 pm. When lodging a paper response, provide copies — one for each party and one for ACAT. ACAT gives a copy of the response to the applicant.

The filing fee for a response is nil unless you are also lodging a counter-application. If you file a counterclaim, the fee depends on the amount and whether the counterclaimant is a natural person or corporation, as set out above.

Step 5: Confirm Service on the Applicant

ACAT gives a copy of your response to the applicant. Keep a record of when and how you lodged your response.

Step 6: Prepare for the Directions Hearing

ACAT lists civil dispute applications for an initial Directions Hearing after the response due date. A Member or Registrar talks with the parties about the case, what they need to do, and what will happen next. The Tribunal may refer the dispute to a preliminary conference or mediation, or set directions such as a timetable for evidence. Each party or representative must attend in person or remotely. If you do not take part, the Tribunal may make final orders without hearing from you.

Step 7: Organise Your Evidence

The Tribunal may set a timetable for evidence exchange; follow any directions you receive. For a self-represented respondent, the practical task is organisation:

• Contracts and agreements — the original document, any amendments, and any correspondence about terms
• Invoices and receipts — what was charged, what was paid, what is disputed
• Correspondence — emails, text messages, and letters between you and the applicant. Print them with dates visible.
• Photographs — for building, property, or goods disputes. Label each photo with the date, location, and what it shows.

Number every document in your bundle and prepare an index. The tribunal member will refer to documents by their number during the hearing — "Take me to document 7" is much faster than "That email I sent in March."

For building and property defect disputes, a Scott Schedule is standard practice: a table listing each defect, the applicant's position, your position, and (if applicable) a cost figure. The tribunal often directs parties to complete one before the hearing.

Step 8: Attend the Hearing

Hearings are relatively informal compared to a court. The tribunal member asks questions, both sides present their evidence and submissions, and witnesses (if any) give their account. Key points for self-represented respondents:

• Bring three copies of everything — one for yourself, one for the tribunal member, one for the applicant (if they do not already have it from evidence exchange).
• Speak to the tribunal member, not to the other party. If you disagree with something the applicant says, wait until it is your turn.
• Remote hearings (AVL) are available for most civil disputes. If you cannot attend in person, request an audio-visual link through the registry.
• The tribunal member may ask you questions directly. Answer honestly and concisely. If you do not know, say so.

After the Decision

The tribunal member may give a decision on the day or reserve it. Once an order is made:

• Compliance: If you are ordered to pay, comply by the date specified in the order.
• Appeal: You may appeal a decision on a question of fact or law to the ACAT Appeal Tribunal under Division 8.1 of the ACAT Act. The appeal must generally be lodged within 28 calendar days of the decision.
• Set-aside: If a final order was made in your absence, rule 70 of the ACT Civil and Administrative Tribunal Procedures Rules 2024 allows you to apply to set it aside. The Tribunal considers why you were absent, whether your attendance might have materially changed the outcome, and anything else relevant; it may set aside the order only if it is in the interests of justice.

Where to Get Free Help

These services can help ACT respondents; eligibility, scope, and fees vary:

• Legal Aid ACT — 1300 654 314. Its free helpline provides legal information and resources, can arrange a lawyer appointment if necessary, and can refer you to other services; it does not give legal advice by phone.
• Canberra Community Law — (02) 6218 7900. Specialist services focused on housing, public tenancy, social security, and disability rights; its ACAT duty-lawyer service is for the residential tenancy public housing list.
• Conflict Resolution Service — (02) 6189 0590. Free or low-cost community mediation, not legal advice.
• National Debt Helpline — 1800 007 007. If your dispute is a debt-collection claim by a lender, debt buyer, or collection agency, call here first.

The Responding to an ACAT Civil Dispute guide puts every step above into a single document with printable worksheets — a deadline calculator, a response decision matrix, an evidence index template, a Scott Schedule, a hearing checklist, and a free legal help directory. If the free information on ACAT's website and the summary above are enough for your situation, you do not need it. If you want the full procedural walkthrough in one place, especially under a tight deadline, it is built for self-represented respondents handling exactly this process.

Frequently Asked Questions

Can the other side have a solicitor even if I do not?

Yes. In ACAT civil disputes, either party can have legal representation without needing permission from the tribunal. If the applicant brings a solicitor and you feel disadvantaged, you can mention this to the tribunal member, but there is no rule that prevents it.

What if I cannot afford the counter-application fee?

Primary holders of a Health Care Card, Low Income Health Care Card, or Pensioner Concession Card may be exempt from ACAT fees. If you are not exempt and payment would cause hardship, you can apply for a fee waiver or deferral using ACAT's Request About Payment of Fees form.

Do I need to attend the Directions Hearing?

Yes. Each party or representative must attend in person or remotely. If you do not take part, ACAT may make final orders without hearing from you. If you cannot attend, contact the registry as early as possible.

How long does the whole process take from response to hearing?

Typically 3–6 months from filing your response to the hearing, depending on the tribunal's schedule, the complexity of the dispute, and whether mediation is attempted. Simple disputes resolved at the preliminary conference can be done in 6–8 weeks.

Can I settle at any point before the hearing?

Yes, and ACAT encourages resolution. The Tribunal may refer a dispute to a preliminary conference or mediation. If both sides reach an agreement, ACAT can make consent orders reflecting the settlement. You can also settle privately and notify ACAT that the matter is resolved.

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