Can You Have a Lawyer at VCAT? Section 62 Representation Rules

VCAT's Default Rule: No Lawyers for Small Claims

Unlike a regular court, VCAT restricts legal representation. Under section 62 of the Victorian Civil and Administrative Tribunal Act 1998 (Vic), parties in the Civil Claims List are generally expected to represent themselves — particularly for small claims (up to $15,000).

This is by design. VCAT was set up to be accessible, informal, and low-cost. If both sides could bring barristers, it would defeat the purpose. The tribunal isn't bound by strict rules of evidence, members can ask questions directly, and the "each party pays their own costs" default means costs orders are uncommon (unlike the Magistrates' Court, where the losing party often pays the winner's legal costs). VCAT can still order costs under section 109(3) in limited circumstances.

When You Can Get Leave for a Lawyer

Section 62(1)(c) of the VCAT Act allows the tribunal to grant leave for legal representation when it considers it appropriate. You apply for leave by filing a request before your hearing date.

VCAT considers factors like:

• Complexity of the claim. If the dispute involves technical legal questions — complex contract interpretation or multiple causes of action — the tribunal is more likely to grant leave. A matter involving federal jurisdiction is outside VCAT's jurisdiction; it is not a reason to seek leave for a lawyer at VCAT.
• Unequal bargaining power. If one party is a large corporation with in-house counsel and the other is a self-represented individual, the tribunal may grant leave to level the playing field.
• Vulnerability of a party. Disability, language barriers, or other circumstances that make self-representation impractical.
• The amount at stake. Claims above the $15,000 small-claims threshold still require leave under section 62; the higher amount alone does not guarantee that leave will be granted.

For a standard consumer or trader dispute under $15,000 — an unpaid invoice, a refund claim, defective goods — leave is rarely granted. Both sides present their own case.

Who Can Represent You Without Leave

Even without a lawyer, you're not entirely on your own. Some representatives don't need section 62 leave:

• Corporate representatives. If a company is a party to the dispute, an authorised officer or employee can present the case. They don't need to be a lawyer.
• Guardians and litigation friends. If a party is under 18 or has a legal disability, a guardian or litigation friend can act for them.
• Non-legal advocates. In some circumstances, VCAT allows a support person to accompany you and take notes, though they typically can't address the tribunal on your behalf without leave.

What Happens if the Other Side Has a Lawyer

If the respondent turns up with a lawyer and you didn't know they'd applied for leave, you can raise this with the member at the hearing. The member will check whether leave was properly granted.

If the other party was granted leave and you weren't, raise this with the member. If you want your own lawyer, apply for leave before the hearing; the member decides whether to grant it.

Preparing as a Self-Represented Applicant

Most Civil Claims List hearings run smoothly without lawyers on either side. The keys to a strong self-represented case:

• Organise your evidence into a paginated hearing bundle with a cover index and chronology. Tribunal members consistently cite disorganised evidence as the biggest problem with self-represented cases.
• Structure your claim as numbered paragraphs (Points of Claim format): the agreement, the terms, the breach, and the remedy you're seeking.
• Know your numbers. Have a clear breakdown of the amount claimed, including any statutory interest under the Penalty Interest Rates Act 1983 (Vic) at the current rate of 10% per annum.

The VCAT Civil Claim Filing Guide includes fillable worksheets for drafting your Points of Claim and a hearing bundle index template — designed specifically for self-represented applicants who need to present their case without legal help.

Free Legal Advice Before Your Hearing

If you want a lawyer's input without full representation, several Victorian services offer free brief advice:

• Victoria Legal Aid — phone advice and some duty lawyer services at VCAT
• Consumer Action Law Centre (CALC) — specialist consumer advice
• Community Legal Centres — means-tested legal advice appointments

These services can review your evidence, check your Points of Claim, and tell you what to expect at the hearing — even if they can't represent you on the day.

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