If you miss your hearing

If you miss the hearingDefinitionThe time and place at which VCAT hears the parties argue their case and makes a decision. for your case, the memberDefinitionA person who hears and decides cases at VCAT. Some members are specialists in particular areas of law. may make a decision and create orders in your absence.

Requesting a review and rehearing

If you did not attend the hearing for a sufficient reason and did not have a representative, you may apply for a review and rehearing. VCAT calls this re-opening an order.

Sufficient reasons would include unavoidable and urgent situations such as serious illness, accident or bereavement.

If you decide to apply for a review and rehearing, complete the Application to reopen an order form and send it to us within 14 days of becoming aware of the order.

We will give your application and associated documents to all other parties to the dispute. A member hears your application and makes a decision about whether to reopen the order. The member must consider whether you have a reasonable case to argue and any prejudice that may be caused to another partyDefinitionA person or organisation directly involved in a VCAT case, including a person or organisation that has brought the case before VCAT or who is defending claims made against them. .

If the member decides to reopen the order, VCAT must decide whether to confirm the original order or change it.  We may decide this when we hear your application or schedule a rehearing on another day. We send you information about when and where to attend VCAT.

We may also make an order directing you to pay costs. You may have to pay costs before we hear the matter again. If you don't pay the costs, we may reinstate the original order.

If your application is unsuccessful, the original order remains in force.