What happens at VCAT

About VCAT

VCAT is not a court, and it's not part of the criminal justice system. The tribunal is less formal than a court, and is designed for people to resolve disputes, including building and construction, tenancy. goods and services, planning and environment.  Very simply, the aim of civil matters is compensation for a grievance. 

Tribunal hearings are adjudicated by a tribunal ‘member’, not, as in criminal matters by a magistrate or judge.  

People in the process

• Respondent: you have an application out against you
• Applicant: you have taken an application against someone.
• Tribunal member: hears the issue

Getting the letter to attend VCAT

When you are called to VCAT as the respondent (someone is taking you to VCAT because they claim if you've done something wrong) you'll get  Notice of Hearing (External link) in the mail.

This letter has details about why Housing is taking you to VCAT, and the time and date of your hearing. 

At the hearing

Your hearing takes place in the hearing-room (this is also our Magistrates' Court room)

Applicants and respondent sit at the same table. Lawyers also sit at this table. The Tribunal Member sits at the bench (the higher table).

Addressing the tribunal member

Call the tribunal members ‘sir’ or ‘madam’. If the member’s name is written in front of them, or you know it, address them as Mr or Ms and their family name.

Order of proceedings

You may be asked to make a formal promise to tell the truth.  This is done by making an oath or affirmation.  The member or a bench clerk will guide you.

The tribunal member will listen to everyone’s side of the story, and ask questions. 

Usually the applicant speaks first and the respondent speaks second.

Applicants and respondent can question each other. This is called a cross-examination. 

After the decision is made

After everyone has been questioned, the tribunal member will make a decision, called an order. This is a legal document that sets out what has been decided and what actions must be taken.

Orders are written down and everyone gets a copy. 

Most hearings are resolved on the day, often under an hour. But a second hearing can take place if needed.

Change of date (adjournment)

VCAT may not agree to change the date of the hearing, even if all the parties consent.  VCAT usually only considers exceptional or unexpected circumstances such as death in the family or serious illness. 

You should make your request for a change of date as soon as possible.  State why you need a new date, and provide documents that support your request such as a medical certificate.

• submit an Adjournment application form (External link), 
• ask the other parties if they consent to the change of date. If they do, ask them to give us written confirmation or complete a Request for consent to an adjournment form (External link) and return it to VCAT immediately.

If VCAT agrees to changing the date, you'll be contacted with the details of a new date and time.