How to Prepare for a VCAT Hearing: Tips for Self-Represented Respondents

What to Expect at a VCAT Hearing

A VCAT hearing is less formal than a court trial, but it is still a legal proceeding where binding orders are made. The Tribunal Member controls the process, decides what evidence to admit, asks questions of both parties and issues a decision — often on the same day for smaller claims.

Most goods and services hearings in the Civil Claims List last between one and three hours, depending on the complexity of the dispute and the number of witnesses. The Member will usually hear from the applicant first (since they brought the claim), then from you as the respondent. Both parties get the chance to present evidence, question each other and make closing submissions.

The hearing may be in person at a VCAT venue, by Microsoft Teams videoconference, or by telephone. Your Notice of Hearing specifies which format applies. If you have a preference or a reason to request a different format, you would need to apply for that through a formal adjournment or variation request — not just by calling the registry.

How to Address the Tribunal Member

Address the Member as "Member" — for example, "Member, I would like to refer you to page 12 of my evidence bundle." If a Senior Member is presiding, address them as "Senior Member."

Do not call them "Your Honour" (that is for judges) or "Sir" or "Madam." VCAT is a tribunal, not a court, and the correct form of address reflects that. Getting this right is a small detail, but it shows the Member you have prepared.

Preparing Your Case

Preparation matters more than presentation skills. A well-organised respondent with clear evidence and a structured argument will be taken more seriously than someone who speaks confidently but has nothing to back it up.

Organise your evidence bundle. By the hearing date, you should have already exchanged evidence with the applicant and filed your Declaration of Service. Bring a physical copy of your full evidence bundle to an in-person hearing — your own copy, plus a spare in case the Member does not have the electronic version in front of them. For remote hearings, have the PDF open on your screen so you can navigate to specific pages when asked.

Prepare a chronology. Write a one-page timeline of the key events: when the contract was signed, when payment was made, when the problem arose, when you tried to resolve it. This is for your own reference — you do not file it with VCAT, but it keeps your presentation of facts clear and sequential.

Know your Points of Defence. You filed them for a reason. Review them before the hearing so you can speak to each point fluently. The Member will have read them and will expect your oral evidence to be consistent with what you wrote.

Anticipate the applicant's strongest arguments. Read their Points of Claim again. What evidence do they have? Where are you most vulnerable? Prepare your response to their best points, not just their weakest ones.

At the Hearing

Arrive early. For in-person hearings, arrive at least 30 minutes before the listed time. Check in at the reception desk and confirm you are ready. You may be asked to wait in a foyer or waiting area before being called.

Speak only when invited. The Member will direct the hearing. Do not interrupt the applicant when they are presenting their evidence — you will have your turn. Take notes while the applicant speaks so you can respond to specific points when the Member invites you to.

Stick to facts and evidence. The Member is assessing the legal merits of the claim based on evidence, not based on who is more sympathetic. Avoid emotional language, personal attacks on the applicant, or complaints about the process. State what happened, point to the documents that prove it, and explain why the applicant's claim should not succeed.

Answer questions directly. If the Member asks you a question, answer it — do not deflect or launch into a speech. If you do not know the answer, say so. Guessing or speculating undermines your credibility on points where you do have solid evidence.

Do not record the hearing. Unauthorised audio or video recording of any VCAT proceeding is prohibited by law. Take written notes instead.

After the Hearing

The Member may deliver a decision orally at the end of the hearing or reserve it for later. If the decision is reserved, you will receive a written order through the myVCAT portal or by post.

If you want formal written reasons explaining the Member's legal reasoning, request them at the hearing. If you forget, you have 14 days from the date of the decision to request them under section 117 of the VCAT Act. Written reasons are important if you are considering an appeal or review — without them, you will not know exactly why the Member decided as they did.

For the complete process of responding to a VCAT civil claim — from the moment you receive the papers to your post-decision options — see our step-by-step guide.

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