Guide to Goods and Services Orders

This guide explains how to comply with a goods and services Order.

A. What is this Guide about?

This Guide provides more information to help you comply with the Order you have received from VCAT.

 

B. What happens if I do not follow the Order?

If you are the applicant and you do not comply with the time limits in the Order, your case may be struck out.

If you are the applicant or another party and you do not meet the time limits, follow the other orders or attend the hearing, VCAT may decide the case based on whatever documents and other information is available to VCAT at the time.

If you need more time to follow the Order, you should notify VCAT and the other parties as soon as possible and before any time limit expires. Depending on the reason for not following the Order, you may not be given more time.

 

C. How do I send documents to VCAT?

Documents may be sent to VCAT as follows:

  • uploaded to the myVCAT portal – click here to create an account; or
  • filed in person at the registry counter in VCAT’s premises; or
  • posted to VCAT; or
  • emailed to VCAT

A party who has a myVCAT account will be notified whenever a document is uploaded into the portal. Parties will not have to separately send documents to other parties who also have a myVCAT account: uploading a document into the portal will also have the effect of sending that document to that party. Documents must however be sent to parties who do not have a myVCAT account.

A party who does not have a myVCAT account who communicates about this proceeding with VCAT by email or letter, must: 

  1. send their email to VCAT to civil@courts.vic.gov.au or send their letter to VCAT’s postal address; and
  2. put the above ‘VCAT Reference number’ for this case in the subject line of all emails and letters; and
  3. include (i.e. copy or “cc”) all other parties into any email, or send all other parties a copy of any email or letter.

 

D. How do I send documents to the other parties?

There are formal requirements for “serving” (sending) the Application (and any documents sent with the Application) on the respondents. The options for serving the Application are set out below. Once parties have been served with the Application and have responded, you can send further documents to them at the email address they have supplied to VCAT and the other parties.

You may serve on a person by:

  1. sending it by email to the email address which they have used to communicate with you about the subject matter of the case; or
  2. handing it to the person; or
  3. sending it by ordinary post to the person’s usual or last known residential or business address; or
  4. leaving it at the person’s usual or last known residential or business address with someone who seems to be at least 16 years old.

 

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

  1. sending it by email to the email address which they have used to communicate with you about the subject matter of the case; or
  2. sending the application by ordinary post to the registered address of the company as shown on the ASIC Company Extract; or
  3. delivering it to the registered address of the company as shown on the ASIC Company Extract. If you choose this option, make a note of the date you delivered the document.

 

To serve on a business:

  1. find out the holder of the business name from an Australian Business Name Extract;
  2. if the holder of the business name is a person, refer to the above for service on a person;
  3. if the holder of the business name is a company, refer to the above for service on a company.

 

You may serve on an unincorporated association by:

  1. sending it by email to the email address which they have used to communicate with you about the subject matter of the case; or
  2. giving it personally to the president, secretary or other similar office holder of the association; or
  3. sending it by ordinary post to the president, secretary or other similar office holder of the association at that person’s usual or last known residential or business address.

If you need to serve a VCAT application on an interstate party, you must also include a Form 4 of Schedule 1 of the Service and Execution of Process Regulations 2018 (Cth). Download it here.

 

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

The Order provides for the parties to send to VCAT and the other parties documents explaining what their case is about. These include Points of Claim and Points of Defence and may also include Points of Counterclaim.

The applicant should have included a summary of their claim in their Application. If that summary is in the form of Points of Claim as described below, the applicant can follow the Order for Points of Claim by repeating these in their Points of Claim.

Points of Claim must clearly set out, in separate numbered paragraphs and in date order, the facts that explain the claim. This is so the respondent can understand the claim and prepare their defence. The Points of Claim must also tell the respondent and VCAT what remedy or result the applicant is seeking.

Points of Defence must clearly set out, in separate numbered paragraphs, the respondent’s response to each paragraph of the Points of Claim and any other facts that explain the defence.

 

1. How do I prepare Points of Claim?

Points of Claim must tell the respondent and VCAT what the claim is about, as briefly and clearly as possible.

  1. It should allege only the ‘key facts’ about the claim (that is, only the facts or events that the applicant must prove to succeed in their claim). It should not include personal comments or criticisms or other emotional language.
  2. The key facts must be set out in date order and in numbered paragraphs.
  3. The key facts alleged by the applicant identify the ‘legal claim’ that VCAT is being asked to decide. For example, that legal claim may be:
    • That an applicant bought an item (or service) from the respondent and the item (or service) was not what was promised or was faulty; or that an applicant paid for a service (or item) but did not receive it or only received part of what they paid for; or
    • That an applicant supplied a service (or item) to the respondent and wants payment for it; or that the applicant agreed to supply an item (or service) to the respondent and the respondent broke their promise to buy it.

Examples of Points of Claim can be found here.

 

2. How do I prepare Points of Defence?

Points of Defence must tell VCAT and the applicant what a respondent disputes about the claim made against them.

  1. Points of Defence must respond to all the applicant’s allegations in each paragraph of the Points of Claim.
  2. The respondent must state whether they ‘admit’ or ‘deny’ each allegation.
  3. If the respondent ‘admits’ an allegation, it will be taken to be an agreed fact in the case.
  4. If the respondent ‘denies’ an allegation, the applicant must prove that allegation at the final hearing.
  5. If the respondent raises any additional defence to the claim then the respondent must allege only the ‘key facts’ about the defence (only the relevant facts or events); and
  6. Those key facts must be set out in date order and in numbered paragraphs.

If the respondent does not file Points of Defence the respondent will be taken to admit all the allegations in the Points of Claim.

Examples of Points of Defence can be found here.

 

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

Points of Counterclaim must be prepared in the same way as Points of Claim as described above and Points of Defence to Counterclaim must be prepared in the same way as Points of Defence as describe above.

 

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

The Order requires parties to send to VCAT and to the other parties all documents that are in their possession or control which they want to rely on in any hearing of their case or which might be harmful to their case or helpful to the case of another party.

This includes documents on which the party intends to rely or on which the other party may wish to rely at the hearing. By way of examples, such documents may include:

  • quotes and invoices
  • emails or text messages
  • letters
  • contracts or agreements
  • website pages
  • bank statements
  • photographs or
  • expert reports.

Documents include both paper documents as well as documents stored on a phone, computer or other device.

Documents should be sorted into chronological order (oldest to most recent) and sent in .pdf format. Where the total number of documents exceeds 50 pages, it will greatly assist the management of your case if these are supplied as a single page-numbered .pdf document, sorted into chronological order.

 

G. What happens at the VCAT final hearing

At the final hearing the applicant must prove the allegations they make in their claim against a respondent.

If a respondent raises a ‘defence’ to the applicant’s claim, the respondent must prove the allegations they make in their defence against the applicant.

All parties must tell VCAT and the other parties how many witnesses will come to the hearing. If they do not tell VCAT the hearing may be adjourned.

A party must have all their witnesses and supporting documents available on the date of the final hearing and must have sent all documents on other parties as required by VCAT’s orders.

Parties may not be permitted to raise any new issues at the final hearing not raised in their Application, Points of Claim or Points of Defence or to rely on any supporting documents that they had not provided in accordance with VCAT’s orders.

A party can cross examine any person who gives evidence against them, including a person who has given an affidavit or statutory declaration. They can also present evidence they wish to rely upon to establish that any allegations against them are untrue.

The parties can present their arguments (submissions) to the presiding VCAT Member.

When the final hearing is concluded, the VCAT Member will make a decision.

 

H. Declaration of Service Form

The Declaration of Service form is available here.

For a complete list of people who can witness a statutory declaration, go to the Department of Justice and Community Safety website at www.justice.vic.gov.au.