Information Centre · Litigation & Dispute Resolution
Going to VCAT: A Practical Guide for Victorian Individuals and Businesses
A practical guide to the Victorian Civil and Administrative Tribunal — what it does, how to start or respond to a proceeding, what hearings look like, the evidence required and what to expect on costs.
The Victorian Civil and Administrative Tribunal hears a very large volume of disputes each year, ranging from residential tenancy matters and owners corporation disputes through to substantial commercial and administrative cases. For most Victorians, VCAT is the forum in which their first formal legal dispute will be decided.
This guide explains how the Tribunal works in practice, what is expected of applicants and respondents, and how to give yourself the best chance of a good outcome.
What VCAT Is
VCAT is a state tribunal established by the Victorian Civil and Administrative Tribunal Act 1998 (Vic). It operates through specialist divisions and lists, each with its own rules and practices. Common lists include the Civil Claims List, Residential Tenancies List, Owners Corporations List, Domestic Building List, Planning and Environment List, Guardianship List and the Administrative Division.
VCAT is not a court. It is designed to be more accessible and less formal, with simpler procedures and lower costs. But its decisions are binding, and the practical consequences of a VCAT outcome can be as serious as those of a court judgment.
Jurisdiction and Powers
VCAT's jurisdiction is defined by the statutes that send disputes to it. Examples include:
- residential tenancies and rooming house disputes under the Residential Tenancies Act 1997 (Vic);
- owners corporations disputes under the Owners Corporations Act 2006 (Vic);
- domestic building disputes under the Domestic Building Contracts Act 1995 (Vic);
- consumer claims under the Australian Consumer Law and Fair Trading Act 2012 (Vic);
- review of administrative decisions by State government agencies;
- planning permit applications under the Planning and Environment Act 1987 (Vic);
- guardianship and administration matters under the Guardianship and Administration Act 2019 (Vic); and
- disputes about enduring powers of attorney — see our guide on revoking an enduring power of attorney.
Starting a Proceeding
Proceedings are commenced by an application, made on the relevant VCAT form and accompanied by the application fee. The application identifies the parties, sets out the facts giving rise to the claim, and specifies the orders sought. Supporting documents should be lodged with the application where possible.
VCAT issues directions or schedules the matter for an initial hearing or compulsory conference. The respondent must be served and is then expected to lodge a response.
Responding to a Claim
On being served with an application, a respondent should:
- read the application carefully and identify the factual and legal issues;
- gather and preserve relevant evidence;
- lodge any required response within the time specified;
- consider whether a counterclaim or set-off applies;
- attend the directions hearing or compulsory conference; and
- engage constructively in any mediation offered.
Ignoring an application leads to orders being made in the applicant's absence. Setting aside default orders is difficult.
Hearings
VCAT hearings vary widely. A small civil claims hearing may be conducted in 30 minutes. A complex domestic building dispute may run over many days with expert evidence. Hearings are conducted by a Tribunal Member or Senior Member, who is often legally qualified.
The Tribunal is required to act fairly, but the rules of evidence are relaxed. Parties present their case in person, call witnesses and respond to questions from the Member. Cross-examination is permitted where relevant.
Evidence
Good evidence is the most important determinant of outcomes at VCAT. Useful evidence types include:
- contracts, written correspondence and contemporaneous records;
- photographs and video showing condition or events;
- independent expert reports — building, valuation, accounting, medical, as relevant;
- statements from witnesses with direct knowledge of the relevant events; and
- financial records, where loss or value is in issue.
Evidence prepared specifically for the proceeding should be cross-checked against contemporaneous records — the Tribunal places more weight on documents created at the time than on recollection years later.
Costs
The default position at VCAT is that each party bears its own legal costs. Section 109 of the Act allows the Tribunal to award costs where it is fair to do so, taking into account factors including whether a party has acted unreasonably, has refused to participate in mediation, has failed to comply with directions, or has prolonged the proceeding. Costs can also be awarded under specific statutes governing particular lists.
VCAT also charges application fees and hearing fees that scale with the amount in dispute and the list.
Settlement Opportunities
VCAT actively encourages settlement. Most matters are referred to a compulsory conference or mediation before final hearing. Settlement at this stage is common and usually a far better outcome than a contested hearing — it provides certainty, ends the dispute and avoids the risk and cost of running the matter to judgment.
Where a dispute begins with a letter of demand, the settlement framework in our companion guide on receiving a letter of demand applies equally to VCAT.
Practical Tips for Applicants and Respondents
- Organise your documents. A tidy bundle, in chronological order, is worth more than extra pages of submissions.
- Keep submissions short. Members read quickly and value clarity over length.
- Address the legal test. Identify the legal test that applies and walk through it point-by-point.
- Make realistic settlement offers. A well-pitched offer can secure a costs benefit if the matter goes to hearing and you do better than your offer.
- Comply with directions. Missed deadlines cost credibility with the Tribunal and can attract costs orders.
- Be prepared to compromise. A negotiated outcome at 70% is usually better than spending another 6 months for the chance of 100%.
For specific tenancy issues, see our guide on tenant rights in Victoria.
Frequently Asked Questions
Do I need a lawyer at VCAT?
VCAT is designed to be accessible to self-represented parties, and legal representation requires leave in some lists. For complex matters, significant amounts in dispute or where the other side is legally represented, legal advice and representation is usually worthwhile.
How long does a VCAT case take?
It depends on the list and the complexity. Some matters are resolved at a single half-day hearing; others involve directions hearings, compulsory conferences, mediation and a multi-day final hearing over many months.
What can VCAT order?
VCAT can order payment of money, the doing or stopping of acts, the return or repair of property, the giving of declarations, and a range of remedies specific to particular lists. It can also dismiss claims summarily where they have no reasonable prospects.
Can I appeal a VCAT decision?
There is a limited right of appeal to the Supreme Court of Victoria on questions of law, with leave. There is no general right of appeal on the merits, which makes the original hearing important.
What does it cost?
VCAT charges application fees and hearing fees that vary by list and amount in dispute. Each side generally bears its own legal costs, although costs can be awarded in defined circumstances — including under section 109 of the Victorian Civil and Administrative Tribunal Act 1998 (Vic).
Litigation & Dispute Resolution
Heading to VCAT?
We advise applicants and respondents across VCAT lists — from civil claims and owners corporations to domestic building and administrative review.
This article is general information only and does not constitute legal advice. Please obtain advice tailored to your circumstances.