End a case by dismissal or strike out

If an application has been made against you, you can apply to have it either dismissed or struck out before the final hearing. We only agree to dismiss or strike out a case for specific reasons.

The difference between a dismissal and strike out

If we decide to dismiss a case, it’s closed and can’t be ‘re-opened’. This means the applicant can’t bring the case again.

A case that has been struck out may be re-opened in some circumstances. For example, if we strike it out with a right of reinstatement. This means the applicant has a chance to fix problems with their side of the case. They can then apply to bring it back to VCAT.

If we strike out a case, any party can ask us to re-open it. We can’t strike out a case to review a planning decision.

Reasons we dismiss or strike out a case before the final hearing

We may dismiss or strike out a case if it’s obvious that it can’t succeed. For example:

• we don’t have jurisdiction
• it’s a misuse (abuse) of the VCAT process.

We may also bring it to an end if one party is conducting it in a way that unnecessarily disadvantages the other party:

• If the applicant is conducting it in that way, we may strike out or dismiss the case.
• If the respondent is conducting it in that way, we may make final orders in favour of the applicant.

How to apply for a dismissal or strike out

Use the Application for Directions Hearings or Orders form to apply for a dismissal or strike out.

There is no fee to apply.

If you’re involved in a planning and environment case, use the  Practice Day Request form to apply.

Send the completed form to us in person, or by post, or email.

You must send the other parties a copy of the application. It’s best to send it to them as soon as you submit your application. If you don’t send it to them within seven days of when you submit it to us, we may not accept your application.

If you’re involved in a residential tenancy dispute, use the form to help you write your reasons and bring it to the hearing.

What happens after you apply

We usually decide on your application for dismissal or strike out at a hearing. This gives the other parties an opportunity to have their say about your application in person or in writing.

We may ask you to attend a hearing we have already set, or we may organise a directions hearing to discuss only the request to dismiss or strike out.

You must bring a copy of your application to the hearing.

If we agree to your application, we either strike out or dismiss the case. If we do strike out or dismiss the case we may make an order for the other party to compensate you for any costs, expenses, loss, inconvenience or embarrassment caused as a result of the other party bringing the case against you at VCAT.

If we don’t agree to your application to strike out or dismiss the case, you must follow any instructions we’ve given you about the case in the notice or order. This may include ordering you to pay the other party’s costs of your application to strike out or dismiss.

Other options to end the case at VCAT

You can come to an agreement (settle) with the other parties, which ends the case.

This gives you and the other parties more control of the outcome through negotiation.

If you don’t reach an agreement, a VCAT member makes a decision based on the facts of the case, the evidence that parties present and what the law says.

Find out more about settling before a hearing