Guide to Goods and Services Orders

What is an Order? 

An Order is a legal document that tells you what steps to take in your case. It contains information about what needs to be done, including due dates. 

 

What happens if I do not follow the orders?

If you don’t follow the Order, your case could be delayed, dismissed, or decided against you.

If anyone named in the Order misses a deadline, skips their hearing, or doesn’t follow the Order, VCAT may decide the case based on the information already provided. 

If you need more time to follow an Order, you must tell VCAT and the other parties before the due date. VCAT will then decide if more time will be given. 

 

How to send documents to VCAT 

You can send documents to VCAT by: 

  • Filing them in person at a VCAT office
  • Posting them to VCAT
  • Emailing them to VCAT
  • Uploading them to your myVCAT account (if you have one). 

To register a myVCAT account, click here. 

If both you and the other parties have myVCAT accounts, you don’t need to send documents separately. Uploading a document into the portal will notify everyone involved.

However, if any of the other parties don’t have a myVCAT account, you must send documents to them by email or mail. Be sure to include the VCAT reference number in the subject line or covering letter. 

 

How to send documents to other parties 

You must formally serve (send) the application along with any related documents to the respondents.

If they respond by email, you can continue to send information to the email address they provided. 

You can serve on a person with an application (and related documents) by:  

  • Emailing them at the address they have used to communicate with the you about the subject matter of the case; or 
  • Handing them to the person directly; or 
  • Mailing them to their usual or last known residential/business address; or 
  • Leaving them at their last known residential/business address with someone who is at least 16 years old 

You can serve on a company (“Pty Ltd” or “Ltd”) by: 

  • Emailing them at the address they have used to communicate with the you about the subject matter of the case; or 
  • Mailing them to the registered address shown on the ASIC Company Extract; or 
  • Deliver them to the registered address 

You can serve on an unincorporated associations by: 

  • Emailing them; or 
  • Handing them to the president, secretary, or similar officeholder; or 
  • Mailing them to the president, secretary or similar officeholder at their usual or last known residential/business address. 

To serve a business, first find out if the business name is held by a person or a company. Then serve the documents as you would for a person or company. 

If you need to serve an application on an interstate party, you must follow also serve a Form 4 of Schedule 1 of the Service and Execution of Process Regulations 2018 (Cth). This is attached to your order. 

For more information about sending documents, click here. 

  

How do I prepare the Points of Claim and Points of Defence? 

Orders allow you to explain your case to VCAT and the other parties. This includes written statements such as Points of Claim, Points of Defence, or Points of Counterclaim. 

  • Points of Claim: A written statement where the applicant lists the facts of their case in numbered paragraphs and in date order. It must include what outcome they’re seeking. 
  • Points of Defence: Responds to each Point of Claim, stating whether the respondent admits or denies each one. It must provide any other facts that explain their defence.  

 

How do I prepare Points of Claim? 

Points of Claim should briefly and clearly explain the key facts about the claim in date order and in numbered paragraphs. These key facts help VCAT understand the legal claim, such as: 

  • What was bought or sold. 
  • If a promise was broken. 
  • If something was misleading. 
  • Whether there was a written or verbal agreement. 
  • What is wrong with what was purchased. 
  • If a service or item was supplied but not paid for, and how much is owed. 
  • What order the applicant wants VCAT to make. 
  • How the applicant calculates their loss or damage if claiming compensation. 

 

Example Points of Claim

  1. On 1 January 2022, the respondent sold a car to the applicant for $X. 
  2. The respondent agreed that the car had a roadworthy certificate. 
  3. The agreement was made in a discussion on [date] or contained in a document signed by both parties. 
  4. On [date], the car broke down. 
  5. The applicant learned the car did not have a roadworthy certificate at the time of sale. 
  6. The applicant asks VCAT to order the respondent to pay $2,500 for repairs to make the car roadworthy. 

For a more detailed example of a Points of Claim click here. 

 

How do I prepare Points of Defence?

Points of Defence should clearly respond to each point made in the Points of Claim: 

  • The respondent must state whether they admit or deny each allegation. 
  • If admitting, it becomes an agreed fact. 
  • If denying, the applicant must prove the allegation at the final hearing. 

If the respondent has a defence, they must outline the key facts in date order and in numbered paragraphs. If the respondent doesn’t submit Points of Defence, they are considered to admit all the allegations in the Points of Claim. 

Example Points of Defence

  1. Admit the statement in point 1.
  2. Deny there was an agreement about the roadworthy certificate.
  3. Deny what was alleged in the discussion or document. 

For a more detailed example of a Points of Defence, click here. 

  

How do I prepare Points of Counterclaim and Points of Defence to Counterclaim? 

Points of Counterclaim are the respondent's main facts for a new claim against the applicant, while Points of Defence to Counterclaim are the applicant's responses to those new claims. 

Both follow the same structure as the original Points of Claim and Defence and can be prepared in the same way. 

 

What documents and other information do I need to support my case?

If you plan to use any documents to support your case, you must send copies to VCAT and the other parties. It includes both physical and digital documents, such as:

  • Quotes and invoices 
  • Emails or text messages 
  • Letters 
  • Contracts or agreements 
  • Website pages 
  • Bank statements 
  • Photographs 
  • Expert reports 

Sort the documents in chronological order (oldest to newest) and send them as PDF files.

If you have more than 50 pages of supporting documents, combine them into one PDF file with the pages numbered. 

 

What happens at the VCAT final hearing 

At the final hearing, the applicant must prove their claims, and the respondent must prove their defence. They can present their arguments, cross-examine witnesses, and present evidence.

All parties must tell VCAT and each other if they are bringing witnesses. If they don’t, the hearing may be delayed.

Parties must have all witnesses and supporting documents ready on the hearing day. All documents must have been sent to the other parties in advance, as required by VCAT’s orders . 

New issues or documents not included earlier may not be allowed.

When the hearing ends, the VCAT Member will make a decision. 

For information about how to prepare for your hearing day, click here. 

  

Declaration of Service 

Use the form below to confirm that you have provided a copy of your VCAT application and supporting documents to the other parties in a Goods and Services case:

Declaration of Service form

This is a statutory declaration and must be sworn before an authorised witness.  For a list of people who can witness a statutory declaration, click here.