Legal and professional representation

You don’t need a lawyer to come to VCAT – you can choose to present your case yourself.

However, coming to VCAT is a legal process and depending on the type of case, it can be a good idea to get legal advice or information first.

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Depending on your situation, you may have an automatic right to representation. We explain this below. If this doesn’t apply to you, you need to ask the Tribunal for permission to have someone represent you.

Some examples of people who are professional advocates and may be able to represent you include:

• lawyer
• social worker
• real estate agent
• renter’s advocate (also known as a tenant’s advocate)
• town planner
• a person who, in the opinion of the Tribunal, has had substantial experience as a advocate in similar matters.

When you don’t need to ask for permission

In certain situations, and for some types of VCAT cases, you don’t need to ask for permission for a professional advocate to represent you. You will need to organise and pay for a lawyer or other professional yourself.

These people have an automatic right to be represented by a professional advocate:

• a child
• a council
• the Victorian Government, a government minister or a person representing the government
• a public authority, for example a local council, or VicRoads
• someone who holds a statutory office
• a credit provider
• a builder’s warranty insurer
• if the other party is a professional advocate
• people involved in planning, environment and resources cases
• people subject to a possession dispute in residential tenancy cases
• people involved in Disability Act cases
• under certain circumstances, if you are the respondent or a protected person in a family violence intervention order.

If another party in your case has an automatic right to be represented and brings a lawyer or other professional to VCAT, you can also choose to be represented.

When you need to ask for permission

If you do not have an automatic right to be represented by a professional advocate, you will need to seek permission from the Tribunal to be represented. 

Before you come to VCAT, it's a good idea to let the other party know in writing that you want to use a representative, especially if you are using a lawyer or other professional advocate.

At the beginning of the hearing, you should ask VCAT for permission to be represented. You usually only need to do this at the first hearing. You need to explain to VCAT why you want to be represented. 

If VCAT doesn't allow your request, you should be ready to represent yourself at the hearing.

Representing family members or friends

If you are not a professional advocate and you are representing a family member or friend who will not be at a hearing, you may be asked to provide the Tribunal with written authority. It’s a good idea to send the written authority to VCAT and the other party before the hearing. 

The Tribunal will decide if you can represent your family member or friend. 

A family member or friend representative should:

• have first-hand knowledge of the dispute so they can represent the case
• have permission to agree on a settlement
• be able to make decisions and promises on the party’s behalf. 

Representing a company

If a party is a company, the company must nominate someone to represent the company. The nomination must be in writing and must be signed by the director of the company. The nomination document must be filed with VCAT before the hearing. 

You must make sure the person who represents the company:

• understands the dispute so that they can present the case
• has the company's permission to agree on a settlement
• can make decisions and promises on behalf of the company

Who pays your legal and professional costs

If you use a lawyer or professional, you are responsible for arranging and paying for this – VCAT does not do this for you. 

At VCAT each party usually pays their own legal costs unless the Tribunal makes other orders. This means you generally don't have your costs paid by the other party even if your case is successful.

The Tribunal may order one party in a dispute to pay some or all of another party's costs if the Tribunal decide it is fair and if a party has been disadvantaged. For example:

• a party did not act appropriately (they were 'vexatious') during the case and that unnecessarily disadvantaged the other party
• a party has delayed a hearing without good reason, or made it take longer than it should
• a party has tried to deceive the Tribunal or another party
• a claim has no reasonable factual or legal grounds to support it.