Prepare for the hearing

A VCAT hearing allows all parties in a dispute to present their case, ask questions and provide evidence. A VCAT member listens and makes a decision to resolve the dispute, either at the end of the hearing or in writing later.

It’s important that you come so you can have your say. If you don’t come, VCAT can make a decision that may affect you and can be enforced by a court.

Most hearings are open to the public. If you would like to see what happens at a hearing you can sit and watch most VCAT hearings from the back of a hearing room.

Learn more about our fair hearing obligation.

Check the hearing details

• Check the date, time and location for the hearing. This is shown on the notice or order we sent you. We will tell you if the date changes
• You can also check the time and location of your hearing online after 4.30pm the day before. See Upcoming hearings
• Check what to do if you can’t come to VCAT on the date
• Look at the location and plan how to get there.

Plan to arrive at least 30 minutes early to allow time to get through the security screening (similar to security at the airport at some venues) and find your hearing room. The hearing may start or finish late, so allow extra time. 

If you are late and miss your hearing:

• the case may have been decided against you
• your only option is to accept the decision or seek a rehearing on another date.

Decide if you want a lawyer or professional help

VCAT cannot give legal advice. If you do choose to get legal advice, you will need to pay any costs.

If you want a lawyer or other professional representative, let the other party know in writing before the hearing and ask permission when the hearing starts. You will need to explain why.

For some case types you have an automatic right to representation.

If the claim is for goods and services under $15,000, we generally don’t allow a lawyer or other professional representative to speak for you at VCAT.

Even if you’re represented, you should come to the hearing, because you have personal knowledge of the issues in the dispute.

Legal help and advice services

Pay the hearing fee

Not all hearings have a hearing fee. We tell you if you have to pay and how to pay in the Notice of Hearing, letter or email we send you.

If you're the applicant, or you submitted a counterclaim, you may have to pay a hearing fee before the hearing.

Pay your hearing fee by the day before your hearing to avoid it being postponed.

Pay your hearing fee

Planning and Environment cases

Five days before your hearing fee is due, we send you an email with the fee and a link to the online payment system. You need to pay the total amount for all hearing days before your hearing starts.

Prepare your case

Gather all the information and documents you need to present the best possible case.

The supporting documents and other material you bring help explain your side of the story and help the member make a decision. The member can only make a decision according to law and evidence.

You might bring:

• documents - for example invoices, receipts, contracts and reports
• witnesses
• expert reports
• submissions

What to do with your documents

• If you’re coming to VCAT, you need to bring all the original documents and copies to the hearing to share with the VCAT member and the other party.
• If you are the applicant or have a counterclaim, you must bring a copy of your application to the hearing
• If you can’t come to the hearing and have arranged someone to come in your place, they must bring your written authority to make decisions on your behalf.  (If a company is a party, it must appoint someone to come to VCAT.)
• If you are a respondent and we’ve asked you in the notice or order to send a response, you must send this by the date we give you. A response is a statement from you saying if you agree or disagree with the applicant and what they say in their application. You may hear this called a defence or points of defence.

Prepare your evidence

Send your documents to the other party

If you plan to use documents to support your case at VCAT, you must send copies to the other parties. This is called ‘serving’ the documents.

We will tell you if you also need to send documents to VCAT, otherwise you don’t need to. If you email or write to VCAT, you must include the VCAT reference number and also send copies to all the other parties named in the notice.

You may have to confirm you have done this by completing a Statement of Service or a Declaration of Service. We tell you if you need to complete these.

If you don’t send your documents, your hearing may be changed to a later date (adjourned).

How to send documents

Arrange witnesses

You can arrange for witnesses to come to the hearing to give evidence and provide documents.

Make sure you give other people, including your witnesses, enough time to prepare and to be available on the hearing day. For example, arranging reports from expert witnesses can take time.

A witness may also be able to give written evidence in an affidavit.

If VCAT orders it, a witness must provide a statutory declaration.

A witness who gives evidence in writing may still need to come to the hearing to answer questions from the VCAT member or other parties.

If a witness you want to appear refuses to, you may be able to force or ‘summon’ them to come.

Prepare what you want to say

Be ready to clearly explain and answer questions about:

• the facts of your case (what happened, when, what you did, what the other party did)
• the outcome you want. If you are the applicant this must reflect what you have asked for in your application.

Make sure you carefully read the other party's supporting documents so that you understand their claim and can respond to it. This includes reading the application or the counterclaim, if the respondent has made one.

You have the right to ask questions of the other party and any witnesses they may bring. Prepare a list of questions you might want to ask.

Tips on how to present your case

• Get to know your case type. Think about observing a hearing of your case type to better understand what to expect, what the hearing room is like, how to act and how to dress.
• Stay calm. You may be stressed about coming to VCAT. You’re more likely to present your best case if you stay calm.
• Be prepared. Make sure you bring a copy of all the documents you sent to the respondent. Bring a pen and paper to take notes.
• Show don’t just tell. Show the member and the other parties evidence like photos, video, reports.
• Focus on the facts. Be clear about what happened. Describe the events in the order they happened.
• Listen. The member who hears the case will support you to talk about your side of the story. If you’re unsure at any time, they can help. Listen to what they say carefully.
• Watch your tone. Avoid aggressive, offensive language and behaviour. This is not acceptable.
• Keep to what we know. Avoid raising new issues at the hearing without telling the member and the other parties beforehand.

Decide who to bring with you

You can bring someone with you to your hearing for support. This support person could be anyone you choose, including a friend or family member. They can’t usually speak on your behalf, but they can help explain what you need (for example, ask for a break).

You cannot bring someone to translate for you. If you need an interpreter you must ask us to arrange for one.

Contact us for support services

Contact us well before your hearing if you need the following services:

• security
• family violence support
• Koori support
• interpreter
• services for people with disability
• technology support.

Find out more about our support services.