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After you apply – Residential tenancy cases
After you’ve applied, it’s important to understand the VCAT process. Find out what you need to do and what happens next.
How to attend your hearing
To avoid missing your hearing, check your notice of hearing for instructions on how to attend by phone, video conference or in person. If you're joining by phone you need to call VCAT’s teleconference number which you will find on your notice of hearing.
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Apply to VCAT
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We contact you
We have put in place a range of measures to reduce our current backlogs and the time it takes to have a hearing. We are gradually reducing the number of cases that have been on hold, and will contact you as soon as it’s possible to take the next steps in your case.
The average time it takes from applying to your VCAT hearing is about 4 weeks. It may be earlier or later depending on what you're applying about.
We prioritise cases that the renting laws say must be heard within a certain time, and those we consider urgent. For example, urgent repairs are heard within 2 business days, and applications involving personal or family violence are heard within 3 business days.
It takes about 7 business days to hear cases about non-urgent repairs.
Applications for possession due to danger, damage, or disruption are scheduled for hearing as soon as possible within 3-4 weeks. Possession applications due to unpaid rent are heard in about 4 weeks, and most other applications for possession are heard within 8 weeks.
Applications involving bond, compensation or pets lodged from 1 October 2023 will be heard within 12 weeks. We’ll contact you when we need more information from you or are ready to hear your case.
Did you submit an application related to bond or compensation issues before 1 October 2023? Find out how we’re managing your case.
To help you resolve your dispute faster, we may invite you to a mediation facilitated by the Dispute Settlement Centre of Victoria. If we decide your dispute is suitable for mediation, the Dispute Settlement Centre of Victoria (DSCV), who partner with us, contacts you to discuss the process.
We assess your application and contact you to:
- ask for more information if we need it
- let you know if we can't deal with your application.
If we accept your application you will receive a notice of hearing from us or notice of mediation from DSCV.
Mediation is an opportunity to resolve your dispute quicker than waiting for your hearing. It involves talking through the issues with the other people involved, assisted by a mediator from DSCV. If you cannot resolve your dispute at mediation, you go to a VCAT hearing at a later date, where a VCAT member makes a decision about the case. You do not have to pay any fees for this service.
For applications considered urgent under the law, we contact you by text or email within 24-48 hours.
At an urgent hearing, only the urgent issues will be dealt with. Non-urgent issues, such as compensation, will be dealt with when there is more time at a later hearing.
What’s an urgent application?
An urgent application is one where the Residential Tenancies Act 1997 directs VCAT to hear the issue within a very short timeframe.
For example, an application about urgent repairs must be heard within two business days.
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You get a notice of hearing or mediation
If we can accept your application, you get either a:
- notice of hearing that gives you the date, time and whether you need to attend by phone, video or in person
- a notice of mediation from the Dispute Settlement Centre of Victoria (DSCV) that may help you resolve your dispute quicker.
The notice explains what you need to do next.
If we say your hearing is 'on the papers', this means we'll conduct a hearing without you or other parties in attendance. We will look at the evidence and documentation from all parties and tell you in writing what we have decided.
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Send your documents
To avoid a delay to your hearing, you must email all documents you plan to use as evidence to the other parties and VCAT.
Email within the following timeframes:
- a copy of the application to respondent/s no later than seven days after you apply. If the case is urgent send it right away.
- your documents and evidence to VCAT and the respondent/s at least seven days before the hearing. If it’s an urgent application, send them right away.
We send you an automated confirmation email once we receive your documents. If you don't receive confirmation, check you've sent to the correct email address (renting@courts.vic.gov.au) and the size of your email is under 35 MB.
It’s important you read the instructions on how to organise and send your documents.
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Prepare your case
It’s important to prepare for your hearing or mediation so you have the documents you need and you’re ready to present the best case possible.
At the hearing, the member will make a decision based on the facts and evidence you present.
If you can’t come to the hearing or mediation and have arranged for someone to come in your place, they must bring or email us a written authority from you.
In some cases you must fill in a summary of what your claim is. This is called a 'summary of proofs'. Fill in the form for your application type:
- Summary of proofs - possession of residential rental property due to rent arrears – use this form if you applied for possession, after serving a Notice to Vacate for rent arrears
- Summary of proofs - rental provider's claim for bond or compensation
- Summary of proofs - renter's compensation – use this form if you're a renter applying for compensation (including bond refunds)
- Summary of proofs - bond or compensation for hearing on the papers – use this form if you applied about unpaid rent, you're seeking bond or compensation and we told you we will hear your case on the papers.
- Summary of proofs - abandonment or vacation
- Summary of proofs - possession of a room in a rooming house – use this form if you're a rooming house operator applying for a possession order
- Summary of proofs - possession of a caravan or site in a caravan park
- Summary of proofs - possession of a Part 4A site in a caravan park
- Summary of proofs - possession of residential rental property for any other reason – use this form if you applied for possession, after serving a Notice to Vacate for a reason other than rent arrears.
How to prepare for your hearing
What's a summary of proofs?
A summary of proofs is a written summary of what your claim is. It should have all the information the member needs to make a decision.
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Ask for any support services you need
We offer a range of support services, including interpreters, disability, security, family violence and Koori support.
If you haven’t asked for support services when you applied, contact us as early as possible.
VCAT cannot give legal advice about your case. If you need legal support see Legal and professional representation.
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Check the hearing details
Your notice of hearing tells you the time and date of your hearing. It also tells you if your hearing will take place by phone, videoconference or in person. To avoid missing your hearing, it's important you check the notice we send you for instructions on how to join the phone or videoconference.
You can confirm the time of your hearing at Upcoming hearings after 4.30pm on the day before your hearing.
We schedule more than one case for the same time, so allow extra time for your hearing to finish. For example, if your hearing is scheduled for 2pm, it may not start until 3pm.
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Hearing fees
You only need to pay a fee if your hearing runs for more than one day. Most residential tenancy cases are resolved within one day.
We will tell you if you need to pay hearing fees which must be paid before the hearing. If you don’t, your hearing will be postponed (adjourned).
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On the day
At a final hearing, all parties can present their case, ask questions and give evidence in front of a VCAT member.
Find out what to expect on hearing day
Attending by phone or videoconference
To avoid missing your hearing, it's important you check your Notice of Hearing. It tells you if your hearing is by phone, videoconference (Zoom) or on the papers.
If you're attending by phone you must call VCAT using the teleconference number and PIN we give you in the notice.
For more help see: How to join a phone or videoconference.
If you are coming to VCAT in person
Arrive at least 30 minutes early to allow time to get through the security screening (similar to security at the airport) and find your hearing room.
When you arrive:
- Check your room at Upcoming hearings or speak to a staff member if you need help finding your hearing room.
- Go to the hearing room and be ready to present your case.
- Speak to a staff member if you have arranged security, disability support, an interpreter, or need help setting up your devices.
Hearing on the papers
In a hearing conducted 'on the papers', you don't attend the hearing. We will decide the case based on the supporting documents you and all other parties in the dispute have submitted to us.
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Get an outcome
If you come to a mediation and reach an agreement (settle), the agreement is put in writing and signed by all parties. If you cannot resolve your dispute at mediation, you go to a VCAT hearing at a later date, where a VCAT member makes a decision about the case.
At the end of a hearing, the VCAT member makes a decision and gives an order.
An order tells parties how the case has been decided and any action they must take. For example, ordering one party to pay another.
They will usually tell you what the decision is, and the reasons for it, at the end of the hearing.
All the parties will also receive a written copy of the order.
All parties must follow VCAT's orders.
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Enforce the order
If other parties don’t follow the order and you have tried to or can’t contact them, find out how you can enforce the order.