VCAT Adjournment Application: How to Postpone a Hearing or Extend a Deadline

When You Need More Time

Life does not pause because VCAT has set a hearing date. Medical emergencies, pre-booked travel, a key witness who is unavailable, or simply not having enough time to gather evidence — there are legitimate reasons to ask for more time.

But calling the VCAT registry and asking them to move the date does not work. An informal phone call does not extend a deadline or protect you from a default order. The formal adjournment process has specific steps and notice periods, and skipping them can mean the hearing goes ahead without you.

The Formal Adjournment Process

Step 1: Contact the other party first. Before asking VCAT, contact the applicant and request their written agreement to an adjournment using VCAT's Request for Consent to an Adjournment form. Consent can support your request, but VCAT decides whether to grant it.

Step 2: Submit the formal application. Whether or not the other party agrees, lodge the adjournment application form with VCAT. Include:

• The VCAT reference number
• The date you want adjourned (the hearing, mediation, or compulsory conference)
• Your reasons for requesting the adjournment
• Whether the other party consents or objects
• Supporting documents (medical certificate, travel booking confirmation, or other evidence)

Step 3: Meet the notice period. VCAT requires minimum notice:

• Directions hearing, mediation, or compulsory conference: At least 2 business days before the listed date
• Final hearing: At least 5 business days before the hearing date

Applications lodged after these deadlines can still be considered. Lodge as soon as possible and include supporting evidence; the hearing date remains in place unless VCAT grants the request.

Extending a Filing Deadline

If you cannot meet a document filing deadline (for example, the date to file your Points of Defence or exchange evidence), the same formal process applies. You cannot simply file late and hope the tribunal overlooks it.

Apply for an extension of time before the deadline passes, not after. An extension application lodged before the deadline is a reasonable request. An application lodged after the deadline requires you to explain why you missed it and why VCAT should still accept your documents.

Filing late without permission has consequences. If you fail to file Points of Defence by the directed date, VCAT deems you to have admitted all of the applicant's allegations. If you fail to exchange evidence by the 14-day deadline before an in-person hearing, the Member may refuse to consider your documents at the hearing.

What Happens While Your Request Is Pending

Submitting an adjournment application does not suspend your obligations. The hearing date and all deadlines remain in force until VCAT issues a formal order granting the adjournment. Do not assume approval — continue preparing as if the original dates stand.

If the request is granted, VCAT issues a new directions order with updated dates. If refused, the original dates apply and you must be ready.

Grounds That Work (and Grounds That Do Not)

Likely to succeed:

• Genuine medical emergency with a certificate from a treating doctor
• Pre-booked international travel that was arranged before the hearing date was set
• A critical witness is unavailable on the hearing date (provide their statement of unavailability)
• The parties are actively negotiating settlement and need more time to finalise terms (both parties should consent)

Unlikely to succeed:

• "I need more time to prepare" without specific reasons
• Work commitments without supporting evidence (include an employer letter if relevant)
• "I have not found a lawyer yet" in a claim of $15,000 or less where self-representation is the default
• Multiple previous adjournments already granted

Costs Risk

If your adjournment request is granted but VCAT considers the delay your fault, the Member may order you to pay the other party's costs thrown away — the expenses the other party wasted by preparing for a hearing that did not go ahead. This is uncommon in small claims, but VCAT has the power under Section 109 of the VCAT Act.

For the full respondent process — deadlines, Points of Defence, evidence, and the hearing — the VCAT response guide covers each step.

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