What Happens If You Don't Respond to a VCAT Claim

VCAT Does Not Issue Automatic Default Judgments

If you have been served with a VCAT claim and you are wondering whether ignoring it will make it go away — it will not, but the mechanism is different from what happens in a regular court.

Some courts (like the Magistrates' Court) have an administrative default judgment process: the defendant does not file a defence within the time limit, the plaintiff ticks a box, and a judgment is entered automatically without anyone examining the evidence.

VCAT does not work this way. There is no automatic administrative default. Instead, if you do not respond or do not attend the hearing, the tribunal proceeds without you — the Member hears the applicant's case, examines their evidence, and makes a decision. This is called a "hearing in absence."

The practical result can be identical to a default judgment — an order against you for the full claimed amount — but the Member still evaluates the evidence. In theory, the Member could reduce the award or dismiss the claim even if you are not there, but without anyone to challenge the applicant's version of events, that rarely happens.

Consequences of Not Filing Points of Defence

When VCAT directs you to file Points of Defence and you do not, the tribunal treats every factual allegation in the applicant's Points of Claim as admitted. The applicant no longer needs to prove those facts — they are taken as true.

This does not mean the applicant automatically wins. They still need to attend the hearing and present their case. But with every fact conceded, the hearing is largely a formality about what remedy to order.

Consequences of Not Attending the Hearing

If you do not show up to the hearing — whether in person, by Microsoft Teams, or by phone — the Member may:

• Proceed and make final orders based on the applicant's evidence alone
• Award the full amount claimed plus costs
• Adjourn to another date (less common if you gave no notice)

These orders are fully binding and 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 powers, including warrants to seize property, attachment of earnings, and oral examination orders.

How to Fix It: Section 120 Reopening

If orders were made when you did not appear and were not represented, Section 120 of the VCAT Act 1998 provides a pathway to have the order reviewed and the matter reheard. This is not an appeal.

You must satisfy four requirements:

1. Ensure your application arrives at VCAT within 14 days of when you first became aware of the order (not the date of the hearing, but the date you learned about the order)
2. Show a reasonable excuse for your absence — genuine non-receipt of the hearing notice, hospitalisation, or a similar emergency
3. Demonstrate a case worth hearing — you have a defence or counterclaim with merit, not just a wish to delay
4. No unreasonable prejudice to the other party from reopening

File the application using VCAT's Section 120 form (not Form 120A, which is for a different purpose). Pay the application fee, or lodge a Fee Relief form if the fee is a hardship.

Filing the application does not automatically cancel the original order. If VCAT grants the review, the order is suspended pending the further hearing of the matter.

You can only apply under Section 120 once for the same order, unless VCAT grants special permission.

What to Do Right Now

If you have VCAT papers sitting on your desk and you have been putting off responding: stop delaying. The cost of filing Points of Defence is zero. The cost of not responding — a binding order against you, enforcement action, the stress of trying to unwind it later — is much higher.

The VCAT response guide walks through the full process from the moment you receive the papers, including how to structure your Points of Defence and prepare for the hearing.

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