VCAT Costs: How Much Does It Cost and Is VCAT Free?

VCAT Isn't Free — but It's Designed to Be Affordable

One of the most common questions from people considering a VCAT civil claim: "Is it free?" The short answer is no — there are filing fees and hearing fees. But VCAT's cost structure is deliberately lower than the Magistrates' Court, and there are concession rates and fee waivers available for people who can't afford the standard fees.

Current Filing Fees (From 1 July 2026)

For Goods and Services applications in the Civil Claims List, the fees are set by the Victorian Civil and Administrative Tribunal (Fees) Regulations 2026:

Standard rate applies to individuals, sole traders, partnerships, non-profits, and small businesses with annual turnover under $300,000. You'll need to sign a statutory declaration about your turnover if you're a business.

Concession rate is available if you hold a Commonwealth Health Care Card, Pensioner Concession Card, or Commonwealth Seniors Health Card. That brings a small claim filing fee down to $67.40.

Corporate rate applies to businesses with turnover of $300,000 or more and government agencies.

Hearing and ADR Fees

On top of the filing fee, VCAT charges separately for Alternative Dispute Resolution events (compulsory conferences and mediations). These are scaled by duration:

• Full day: 100% of the ADR fee ($434.60 standard / $1,316.00 corporate)
• Half day (3 hours): 50%
• 90 minutes or less: 25%

Hearing fees are payable at least five business days before the listed date. Miss this deadline and your hearing could be vacated.

Can You Get the Fees Waived?

Yes, in certain circumstances:

• Automatic exemptions: If you're represented by Victoria Legal Aid or a Community Legal Centre, under 18, or currently incarcerated, fees are waived automatically.
• Financial hardship: You can submit a Fee Relief Application to VCAT with supporting evidence — bank statements, income support details, or a summary of your monthly expenses. The tribunal has discretion to waive or reduce fees.

Getting Your Fees Back If You Win

Here's the part most people miss: if you win your claim, VCAT has a statutory presumption under section 115C of the VCAT Act that the respondent should reimburse your filing and hearing fees. This isn't a legal costs order (those are rare at VCAT) — it's specifically about getting the tribunal fees back.

Fee recovery is routinely granted when the applicant succeeds. It's separate from the general costs rule under section 109, which says each party bears their own legal costs.

The "Each Party Pays Their Own Costs" Rule

This is one of VCAT's biggest advantages for self-represented claimants. Under section 109(1) of the VCAT Act, each party generally bears their own costs. Unlike the Magistrates' Court, where the losing party often has to pay the winner's legal bills, VCAT almost never orders one side to pay the other's costs.

The tribunal can make a costs order under section 109(3) in narrow circumstances — typically if a party brought a claim with no tenable legal basis or conducted the proceedings in a way that unreasonably prolonged them. For a straightforward small claim, this almost never happens.

This means costs orders against an unsuccessful party are uncommon, but they remain possible under section 109(3). Budget for your own filing and hearing fees, and do not assume a costs order is impossible.

Total Cost Estimate for a Small Claim

For a typical individual filing a small claim (up to $15,000):

• Filing fee: $202.10 (or $67.40 on concession)
• ADR/mediation fee: approximately $109–$435 depending on duration
• Legal costs orders are uncommon, but possible under section 109(3)
• Potential fee recovery if you succeed

Compare that to the Magistrates' Court, where filing fees are similar but you face adverse costs orders if you lose — and legal representation is unrestricted, so the other side might show up with a solicitor whose fees you'll be asked to cover.

For the full process from demand letter to hearing — including how to calculate your claim amount and apply for fee concessions — the VCAT Civil Claim Filing Guide covers every step.

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