How to Respond to a VCAT Claim in Victoria

First 24 Hours After Being Served

An envelope from VCAT creates immediate anxiety, but the first step is practical: check what you have actually received. A valid VCAT service packet includes a Notice of Application or Notice of Hearing showing the tribunal seal, case reference number, hearing date, and format (in-person, phone, or video), plus a copy of the application setting out the claim against you.

If the papers are genuine, you have a real case to respond to. If you are unsure, call VCAT's registry on 1300 01 8228 and quote the case reference number to verify.

A private letter of demand — even one that mentions VCAT — is not a tribunal proceeding. Your obligations only kick in when VCAT itself has issued official documents.

Your Response Options

Once you have confirmed the case is real, you have several paths:

Dispute the claim entirely. File Points of Defence — a structured document that responds to each of the applicant's allegations paragraph by paragraph, stating what you admit, deny, or cannot confirm. This is the most common response.

Admit the claim and pay. If the applicant is right and you owe the money, paying the full amount before the hearing resolves the matter. Contact the applicant to arrange payment and ask them to withdraw the application.

Admit part of the claim. You can accept some allegations while disputing others. Your Points of Defence will show which paragraphs you admit and which you deny.

Settle privately. Negotiate with the applicant outside the tribunal process. If you reach agreement, convert it into enforceable Consent Orders under Section 93 of the VCAT Act. Do not rely on a verbal promise — the hearing date keeps running until VCAT formally closes the case.

File a counterclaim. If the applicant owes you money from the same dispute (for example, you paid for defective work and want compensation), lodge a separate application through myVCAT quoting the existing case reference number.

The Deadline Question

VCAT does not use a universal response deadline like "28 days after service." Your specific deadlines are set by the tribunal's directions order — a timetable issued approximately 20 weeks after the application is lodged, setting dates for filing Points of Defence and exchanging evidence.

Check your paperwork for the exact dates. If no directions order has been issued yet and you only have a hearing date, you still need to prepare your response and evidence before that hearing.

The one hard deadline you cannot miss: the evidence exchange cut-off. For in-person hearings, serve your evidence on the other party at least 14 days before the hearing. For remote hearings, the deadline is specified in the directions order or hearing notice.

What Happens If You Do Not Respond

Ignoring VCAT papers does not make the claim disappear. If you fail to file Points of Defence, you are deemed to admit all of the applicant's allegations. If you fail to attend the hearing, the tribunal can proceed in your absence and make binding orders against you — including payment orders and costs.

These orders are enforceable. A monetary order for up to $100,000 can be registered in the Magistrates' Court; larger orders go to the County or Supreme Court. The order recipient can then use that court's enforcement mechanisms, such as warrants to seize property or attachment of earnings.

If this has already happened — you did not appear and were not represented at the hearing — Section 120 of the VCAT Act allows you to apply, with the application arriving at VCAT within 14 days of becoming aware of the order. You must show a reasonable excuse, a reasonable case to argue, and no unreasonable prejudice to the other party.

Getting Help

For claims of $15,000 or less, you must represent yourself unless VCAT grants leave for a lawyer (which is rare in straightforward consumer disputes). That does not mean you are entirely on your own:

• Victoria Legal Aid and community legal centres offer free legal information and may provide brief advice on your options
• VCAT registry staff can explain procedural steps but cannot tell you what to write or how to argue your case
• Consumer Affairs Victoria provides information about consumer rights and guarantees

The complete VCAT response guide walks through every step of the process — from reading the papers through to the hearing and what comes after the decision.

See more Victoria guides →