How to file a civil claim in VCAT
Civil disputes in Victoria involving the supply of goods or services, retail leases, or small trader disputes are heard in the Civil Claims List of the Victorian Civil and Administrative Tribunal (VCAT). The applicant completes an online application, pays the tribunal fee, and the matter is listed for mediation or hearing. VCAT is designed to be accessible without a lawyer.
The framework
Victorian Civil and Administrative Tribunal Act 1998 (Vic). Civil Claims List jurisdiction is derived from the Australian Consumer Law and Fair Trading Act 2012 (Vic), the Retail Leases Act 2003 (Vic), and the Goods Act 1958 (Vic). Procedure is in the VCAT Rules 2018.
The process
Check VCAT has jurisdiction
The Civil Claims List covers disputes about the supply of goods or services, retail tenancy disputes, and certain small business disputes. Motor vehicle claims over defined thresholds, building disputes, and residential tenancies have their own VCAT lists.
Attempt resolution before filing
Contact the other party in writing setting out the issue and proposed resolution. Consumer Affairs Victoria can often assist before tribunal proceedings are needed.
Identify the correct respondent
Name the business exactly as it appears on the invoice or contract. For companies, use the ACN and registered name from ASIC.
Quantify the claim
Calculate the amount claimed, including any interest. Keep claims within VCAT's monetary jurisdiction or consider alternative forums.
Complete the online application
Use the VCAT online lodgement portal. Select the Civil Claims List and provide the dispute summary, relief sought, and evidence references.
Upload supporting documents
Attach contracts, invoices, photographs, correspondence, expert reports, and any relevant receipts.
Pay the application fee
VCAT charges tiered fees by applicant type (individual, corporate, concession). Check the current VCAT fees schedule.
Serve the application on the respondent
VCAT will usually send a copy to the respondent, but applicants should confirm service details. The respondent may file points of defence.
Attend mediation or compulsory conference
Many Civil Claims List matters are first listed for mediation. If resolved, VCAT can make consent orders.
Attend the final hearing
If unresolved, the matter is heard by a VCAT Member. Orders can include payment, refund, specific performance, or dismissal. Orders are enforceable in the Magistrates' Court of Victoria.
Forms and templates
- VCAT Civil Claims application (online)
- Points of defence (respondent)
Common mistakes
- Filing against the wrong legal entity
- Omitting key evidence from the initial application
- Not attempting resolution before lodging
- Exceeding VCAT's jurisdictional boundaries
- Missing the mediation date, which can result in dismissal
Get this process right with Quillio
Quillio prepares VCAT Civil Claims List applications, points of defence, and hearing bundles aligned with the VCAT Act 1998 (Vic). See /practice-areas/civil-litigation-lawyers.
General information only — not legal advice. Complex or high-value matters may warrant a Supreme Court or County Court proceeding instead.
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