VCAT Compulsory Conference: What It Is and How to Prepare

What a Compulsory Conference Is

A compulsory conference is a structured settlement session run by a VCAT Member or Senior Member. Unlike standard mediation — where a neutral mediator facilitates discussion without expressing views — a compulsory conference puts someone with decision-making authority in the room. The Member actively evaluates the strengths and weaknesses of each party's case and pushes the parties toward a resolution.

VCAT orders compulsory conferences for claims in the Civil Claims List that are too complex or high-value for a straight-to-hearing track. Claims over $15,000 use a more formal case-management track, which can include directions, compulsory conferences, or mediation before a final hearing.

If your VCAT directions order or Notice of Hearing lists a "compulsory conference," attendance is mandatory. Failing to appear can result in the Member proceeding in your absence and making orders against you.

How It Differs from Mediation and a Final Hearing

These three VCAT processes look similar on paper but operate differently.

Mediation is facilitated by an accredited mediator (not necessarily a VCAT Member). The mediator helps both parties talk through the dispute but cannot impose a decision. Everything said is confidential and without prejudice — it cannot be used as evidence at a later hearing.

A compulsory conference is led by a VCAT Member who can (and will) tell you what they think of your case. The Member may say that your defence is weak on a particular point, or that the applicant's claim for a specific amount is unlikely to succeed. This reality check is the whole point — it creates pressure to settle. If the parties reach agreement, the Member can issue Consent Orders on the spot, making the settlement immediately enforceable.

A final hearing is where evidence is formally presented, witnesses give testimony under oath or affirmation, and the Member makes a binding decision. This is the full trial process.

The compulsory conference sits in between: more directive than mediation, but still aimed at settlement rather than a contested decision.

How to Prepare

Preparation for a compulsory conference is nearly identical to hearing preparation, because the Member may ask detailed questions about your evidence.

Bring your documents. Have copies of all relevant contracts, invoices, emails, text messages, photos, and quotes organised in chronological order. You should have a second copy for the other party if they do not already have one.

Know your numbers. If the dispute involves money, be clear on exactly how much is claimed, how much you accept (if any), and what your counteroffer is. The Member will ask you directly.

Understand your bottom line. A compulsory conference is a negotiation with a judicial nudge. Before you walk in, decide what outcome you can live with. If a payment plan over six months resolves the matter, know that figure. If you need the applicant to complete unfinished work rather than pay compensation, say so.

Be ready to settle on the day. If both parties agree to terms, the Member can issue Consent Orders under Section 93 of the VCAT Act immediately. These are legally binding — if the other side does not follow through, you can enforce orders up to $100,000 through the Magistrates' Court; larger orders go to the County or Supreme Court.

What Happens If You Cannot Settle

If the compulsory conference does not produce a settlement, the Member will typically set the matter down for a final hearing and issue a directions order with evidence exchange deadlines. The conference discussions remain confidential — the Member who conducted the compulsory conference will usually not be the same Member who hears the final case.

This is an important safeguard. It means you can be candid about what you would accept in settlement without worrying that admissions will be used against you at a later hearing.

Attending Remotely

Many compulsory conferences in the Civil Claims List are held by Microsoft Teams or telephone, especially for claims of $15,000 or less. Your Notice will specify the format. If it is remote, test your connection beforehand, join from a quiet room, and have your documents open on screen or spread out in front of you.

If you need to understand the full response process — from reading the VCAT papers through to compulsory conference, hearing, and post-decision options — the step-by-step VCAT response guide covers the complete procedure.

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