What to do today
A notice of hearing means your landlord, or their agent, has asked the Tribunal to make orders against you: for example to pay money, to hand over the bond, or to end the tenancy. It is not a decision. You get to give your side.
1. Read the notice and diary the date. Note the case number, the date and time, whether it is in person, by phone or online, and what the landlord is asking for. Get a copy of their application and evidence if it was not attached.
2. Decide what you are going to say. Agree, disagree, or agree in part (for example, you accept a cleaning cost but not the carpet). Write it on one page using the template below.
3. Send your evidence before the hearing.
- NCAT (NSW): give your documents to NCAT and to the other party before the hearing. NCAT can refuse to let you rely on a document you did not serve on the other party first (NCAT Procedural Direction 1, para 14). Bring all your evidence on the day too, because the case may be decided then.
- VCAT (Victoria): you must send all evidence to VCAT and the other parties. Upload it through the evidence link VCAT emails you at least 3 days before the hearing (sooner in urgent cases). Photos must be in colour, dated and say which room they show. If the hearing is in person, bring a paper copy of everything.
4. If you have your own claim, file it now.
- NCAT: lodge a cross-claim quickly so it can be heard with the landlord's application. The fee is $64, or $16 for eligible pensioners, students on an allowance and people helped by legal aid or a community legal centre (as at 1 July 2026). A Health Care Card alone does not qualify for the reduced fee.
- VCAT: you pay no fee to respond to an application made against you. If you make your own application, write the reference number of the landlord's application on it so both are heard together. A Residential Tenancies Act application costs $67.40, or nothing for Health Care Card, Pensioner Concession Card or Veterans' Affairs Gold Card holders (from 1 July 2026). Bond applications have no fee.
5. Get free help now, not the night before. In NSW, the Tenants Advice and Advocacy Service is on 1800 251 101. In Victoria, VCAT's residential tenancies help page lists Tenants Victoria and Victoria Legal Aid. Both tribunals provide interpreters free.
What happens at the hearing
NCAT. Tenancy cases are first listed for conciliation and hearing. NCAT must encourage the parties to reach agreement before the hearing goes ahead, so expect to be asked to talk to the landlord or agent first. Conciliation is voluntary. If it does not settle, the member may hear it that day, or list it for a contested hearing later. If you do nothing and do not attend, NCAT says it will probably hear the application without you and make enforceable orders.
VCAT. If you were given notice and do not attend, the hearing may go ahead without you (VCAT Act 1998 s 99(2)). VCAT says that whether or not you file a response, you should still come to the hearing. Some notices set a time to file a written response; if yours does, it will say so.
On the day: be early, have your one-page response, your evidence in date order, and copies for the member and for the other side. You cannot add evidence at VCAT after the order is made.
If you cannot make the date
- NCAT: use the adjournment request form through NCAT Online Services, contact the other parties, and attach proof (a medical certificate, for example). NCAT's adjournment guideline asks for requests in writing, preferably at least 7 days before the hearing, and allows them only for a good reason where it is fair. Agreement between the parties does not guarantee it. Do not assume the date has moved until NCAT confirms.
- VCAT: use the adjournment application form and ask the other side to consent. For residential tenancies, apply no later than 4 pm two business days before the hearing, with reasons that are exceptional and unexpected, and supporting documents. VCAT may refuse even if everyone agrees.
If you missed the hearing
NCAT: set aside, within 7 days. If a decision was made in your absence and your case was not adequately put, you can apply to set it aside or vary it. Apply within 7 days after the decision was made (NCAT can extend this). The fee is $133, or $33 at the reduced rate. It is usually decided on the papers. If it is granted, the case is heard again. The original orders stay in force unless NCAT grants a stay, so ask for one if you need it.
VCAT: review and reopening, within 14 days. If you did not appear and were not represented, you can apply for a review of the order (VCAT Act s 120). Apply within 14 days after you become aware of the order (VCAT Rules 2018 r 4.24). You need a reasonable excuse for not attending, and VCAT will also look at whether you have a reasonable case and any prejudice to the other side. There is no fee in residential tenancy cases. Only one application is allowed without VCAT's leave.
Appeals
NCAT. You can appeal to the NCAT Appeal Panel as of right on a question of law, or with leave on other grounds (Civil and Administrative Tribunal Act 2013 s 80(2)(b)). Leave is given only for a possible substantial miscarriage of justice: the decision was not fair and equitable, was against the weight of evidence, or significant new evidence has come up (Sch 4 cl 12). For tenancy cases, lodge within 14 days of being told of the decision or of the reasons, whichever is later. The fee is $540, or $135 reduced. Appeals are lodged by post or in person, and a stay is not automatic.
VCAT. Appeal goes to the Supreme Court on a question of law only, with leave. Apply for leave within 28 days of the order (VCAT Act s 148).
Your one-page written response
Bring three things: this page, your evidence in date order, and copies of both for the member and the other side.
[NCAT / VCAT] case number: [number] Applicant (landlord): [name] Respondent (me): [name] Property: [address] Hearing: [date and time] 1. What the landlord is asking for [e.g. $2,400 from the bond for carpet replacement and repainting.] 2. What I agree with [e.g. I agree to $180 for cleaning the oven.] 3. What I dispute, and why - [Item]: [why, e.g. fair wear and tear after 9 years; recorded in the ingoing condition report, page 3.] - [Item]: [why, e.g. no invoice provided; quote includes work on other rooms.] 4. My own claim (if any) [e.g. Cross-claim [number] for the cost of the hot water repair I paid for on [date].] 5. Evidence (copies attached, in date order) A. Ingoing condition report, signed [date] B. Outgoing photos, taken [date] C. Emails with the agent, [dates] D. Receipts 6. What I am asking the Tribunal to order [e.g. That the bond of $[amount] be paid to me, less $180.]
Related
If the application is about the bond, see Landlord won't return your bond in NSW, Landlord won't return your bond in Victoria, and Landlord claiming bond for old carpet and paint. If it is about ending the tenancy, see When a landlord can end a tenancy in NSW and Landlord notice to end a tenancy in Victoria.
NCAT: 1300 006 228, Tenancy VCAT: 1300 018 228, Respond to a VCAT case