Missing a VCAT hearing: applying for a review

If your client missed a tenancy hearing at VCAT and an order was made, they might be able to apply to have that order re-opened. This is often called a review hearing or review application. 

When can a renter apply for a review hearing? 

Your client can apply for a review of VCATs decision if they missed the VCAT hearing, and no one attended on their behalf. This might lead to VCAT making a different decision about their matter.   

The requirements to lodge a review application are:    

1) An order was made by VCAT in the renter’s absence, and no one attended on the renter’s behalf 

• For example, if you went to the hearing and told VCAT about your client’s circumstance in their absence, VCAT might consider that you attended on the renter’s behalf and not allow a review. 

2) A reasonable excuse for not attending  

• For example, your client didn’t attend because they have an acquired brain injury which impacts their memory, and they forgot about the hearing. 
• For example, your client didn’t receive the notice of hearing because they were not staying at the address due to family violence. 

3) A reasonable case to argue 

• We think about this as information that wasn’t available at the hearing and might lead VCAT to make a different decision. For example, if a possession order was made on the grounds of damage but your client has evidence to show someone else damaged the property.    

4) The application is lodged within 14 days of becoming aware of the VCAT order. 

• Note that you can ask VCAT to extend this timeframe. 

In deciding whether to hear the application, VCAT must also consider whether hearing it would cause prejudice to another party. 

Below are the steps renters can take to lodge an application for a review hearing. 

1. Getting a copy of the VCAT order

A renter, or you on their behalf, can call the VCAT Residential Tenancies List registry on 1300 018 228 to get a copy of the order that was made in their absence. 

If you are requesting copies of more than a few documents, the registry might ask you to submit an email request (renting@courts.vic.gov.au). If you are requesting the details on behalf of your client, make sure you include a copy of your client’s consent to allow you to make enquiries on their behalf. 

2. Preparing a review application and collecting supporting documents

A review hearing is not guaranteed and VCAT will decide whether to hear it based on the individual application.  

Depending the reason why a renter couldn’t attend, try to collect supporting documents showing why the renter did not know about the hearing or couldn’t go to the hearing. 

For example, a doctor’s certificate for the renter or their family member (such as their child) showing they were sick on the hearing day, paperwork showing a court date conflicted with the VCAT hearing date, or a letter from a support worker to show the renter’s reason for non-attendance. 

Download the VCAT review application form. Completed applications can be emailed to renting@courts.vic.gov.au. 

[tip box] If the hearing was for being behind in rent, our free self-help tool, Dear Landlord, can support renters to understand their options and guide renters through completing a VCAT review application form if they missed a VCAT hearing. 

Use Dear Landlord to create a VCAT review application.

3. What if there’s a warrant?

If there is a warrant and you have lodged a review application on your client’s behalf, you or your client should call the VCAT registry to confirm they have received the application. If VCAT has received the application, you should confirm that VCAT has made an order putting a hold on further enforcement (e.g. execution of the warrant).  

You or your client can also call the File Clerk at the local police station to inform them that a review application has been lodged and confirm that VCAT has put a hold on executing the warrant. 

After a warrant has been executed (i.e. the police have come to the property and changed the locks) the rental agreement has legally ended and a rehearing cannot be granted. 

4. Review hearings at VCAT

After the application has been lodged, the matter will then be listed for hearing. This can happen any date after lodgement and your client may not be given more than a few days’ warning. Your client will receive a letter or email with the hearing date. If your client’s mail is not reliable, you can call the VCAT registry to check when the hearing has been listed. 

Even if the client is given a hearing date, this does not mean the review hearing has been granted. At the hearing, the renter will need to convince the VCAT member to grant the new hearing. If the rehearing application is successful, the new hearing will normally go ahead on the same day (i.e. in relation to the original application for a possession order or compensation order), so your client will need to be prepared for this too. 

Who can help your client? 

Legal services
The following services might be able to provide advice and assistance if your client needs to apply for a review hearing: 

• Justice Connect Homeless Law: Homeless Law offers advice and representation to help people who have received a notice to vacate who are at risk of being evicted into homelessness. 

• Victoria Legal Aid: VLA have a duty lawyer service for urgent help to apply for a review hearing at VCAT. Legal Help can give advice over the phone, or via an online chat service. 

• Tenants Victoria: Tenants Victoria offers 30-min secondary consultations for workers. You can book a call through their website. 

• Community Legal Centre (CLC): Your client’s local CLC might be able to provide some advice. Find your client’s local CLC. 

The content on the Workers’ Resource Hub is legal information for general guidance and not legal advice. The content on this webpage was last updated in August 2023. See full disclaimer and copyright notice.