VCAT Section 120: How to Reopen an Order Made in Your Absence

When Section 120 Applies

Section 120 of the Victorian Civil and Administrative Tribunal Act 1998 lets a party ask VCAT to review an order if they did not appear and were not represented at the hearing. It is the specific statutory pathway for the situation most respondents dread: you missed the hearing (or never knew about it), and VCAT ordered you to pay.

This is not an appeal. An appeal goes to the Supreme Court and can only challenge legal errors. Section 120 asks VCAT itself to review the order and hear the matter again — essentially a second chance to present your case.

The Four-Part Test

VCAT will only reopen an order if you satisfy all four elements:

1. Timely application. Your application must arrive at VCAT within 14 days of the date you first became aware of the order. The clock does not start from the hearing date — it starts from when you actually learned that an order was made. If you received a letter from the applicant's debt collector three weeks after the hearing, the 14 days run from the date you opened that letter.

2. Reasonable excuse for absence. You need a genuine, documented reason for missing the hearing. The most common successful grounds are:

• You never received the hearing notice (it was sent to the wrong address, or you had moved)
• You were hospitalised or had a medical emergency (provide a medical certificate)
• There was a genuine administrative error (you attended the wrong venue, or the hearing notice was not served on you)

"I forgot" or "I was too busy" will not succeed. Neither will "I thought the matter was settled" unless you have written correspondence from the applicant confirming the settlement.

3. A case worth hearing. You must show the tribunal that you have a genuine defence or counterclaim — something the Member would want to hear before making a final decision. You do not need to prove your case at this stage, but you need to demonstrate that your side has arguable merit.

4. No unreasonable prejudice to the other party. Reopening the case delays the applicant's ability to enforce the original order and collect their money. VCAT weighs this inconvenience against the unfairness of a binding order made without hearing from you. If you were properly served and simply chose not to attend, the prejudice argument works against you.

How to Apply

Use the correct form. VCAT has a specific application form for reopening an order under Section 120. Do not use Form 120A — that form is for a different purpose (it is used by applicants seeking to enforce an order, not by respondents seeking to reopen one).

Pay the fee. The application to reopen carries a tribunal fee. If the fee is a financial hardship, lodge a Fee Relief form at the same time.

Set out your grounds. The application should clearly address each of the four elements above. Attach supporting evidence: a copy of the returned mail showing the hearing notice was sent to the wrong address, a medical certificate, a screenshot of the myVCAT notification that arrived after the hearing date.

Include your proposed defence. Attach a draft Points of Defence or a summary of what you would argue if the case were reopened. This helps the Member assess whether your case has merit.

What Happens After You Apply

Filing the Section 120 application does not automatically cancel the original order. You cannot refuse to comply with the order while your application is pending.

If VCAT grants the review, the original order is suspended pending the further hearing of the matter. Notify the applicant and the court where the order has been registered that VCAT has granted the review.

At the review hearing, the Member considers whether you meet the four-part test. If the review is granted, VCAT will schedule a further hearing, where both parties can present their evidence.

One Shot

You can only apply under Section 120 once per order, unless VCAT grants special permission. If your first application is refused, you cannot simply re-file with better paperwork.

This makes the quality of your initial application critical. Take the time to gather proper evidence, address all four elements, and include a coherent summary of your defence.

For the complete respondent process — from receiving the papers through to the hearing and beyond — the VCAT response guide covers every step.

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