VCAT Points of Defence: How to Write and File Your Response

What Points of Defence Are

Points of Defence are your formal written response to a VCAT claim. They answer the applicant's Points of Claim — the document setting out what they say happened and what they want from the tribunal — paragraph by paragraph.

There is no numbered government form for this. VCAT provides a sample guidance document (a Word template), but you draft the response yourself. This catches many respondents off guard. Unlike some courts that hand you a fill-in-the-blanks defence form, VCAT expects you to write a structured legal pleading that addresses each allegation the applicant makes.

The Paragraph-Matching Structure

The most important rule: your Points of Defence must match the numbered paragraphs of the applicant's Points of Claim. If the applicant's Points of Claim has 12 numbered paragraphs, your response has 12 matching entries.

For each paragraph, you give one of three responses:

Admit — You accept that allegation as true. "Paragraph 3: Admitted. The respondent entered into a contract with the applicant on 15 March 2026 for kitchen renovations at a price of $8,500."

Deny — You dispute that allegation. When you deny, the applicant must prove it. "Paragraph 5: Denied. The respondent completed the agreed work. The variation the applicant refers to was not part of the original scope."

Not admit — You have no knowledge of the allegation and require the applicant to prove it. "Paragraph 7: Not admitted. The respondent has no knowledge of the applicant's communications with the subcontractor."

Formatting Requirements

VCAT expects a clean, readable document. The requirements are practical, not ornate:

• Typed and legible — handwritten submissions are technically permitted but almost always harder for the Member to follow
• Titled "Points of Defence" at the top, with the VCAT reference number (e.g., C1234/2026) and full party names
• Numbered paragraphs matching the applicant's Points of Claim
• Concise, factual language — no emotional rhetoric, no personal attacks on the applicant, no commentary about the tribunal process

If you want to raise additional facts the applicant did not mention — for example, that you offered to fix defective work and the applicant refused access — add these as separate numbered paragraphs after you have responded to all of the applicant's allegations. Present them in chronological order.

What Not to Include

Points of Defence are not the place for argument or storytelling. Avoid:

• Lengthy narratives about how unfair the situation feels
• Accusations about the applicant's character or motives
• Legal citations or case law (save that for the hearing, if relevant)
• Requests for the tribunal to do something — those go in a separate application

Stick to facts. State what happened, when it happened, and which allegations you accept, dispute, or cannot confirm.

Filing Through myVCAT

For disputes lodged on or after 6 December 2023, you file your Points of Defence through the myVCAT portal. Log in, navigate to your case, and upload the document as a PDF.

Filing through myVCAT does not serve the other party. You must separately send a copy of your Points of Defence to the applicant by email or post, then complete and lodge a Declaration of Service confirming when and how you sent it.

The filing deadline is set by VCAT's directions order — check your Notice for the specific date. If you miss the deadline without requesting an extension, you are deemed to admit all the applicant's allegations, which can lead to orders against you.

When You Also Have a Counterclaim

Filing Points of Defence and filing a counterclaim are separate actions. Your Points of Defence respond to the applicant's claim. A counterclaim is your own independent application seeking money or orders from the applicant — for example, compensation for consequential losses or the cost of fixing defective work.

If you want to counterclaim, you lodge a new application through myVCAT, pay the application fee (based on your fee category and claim value), and quote the existing VCAT reference number so the tribunal joins the two matters.

The complete VCAT response guide includes a detailed walkthrough of Points of Defence structure, counterclaims, and every other step in the response process.

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