Guides / Lawyers at VCAT
VCAT lawyer: when a lawyer can appear for you
In a consumer dispute at VCAT, most people speak for themselves. A VCAT lawyer can appear for you only in some cases, but can help in other ways from the start.
In short
- At VCAT you can always appear in person.
- A lawyer can appear for you if, for example, all parties agree, another party has a lawyer, or VCAT allows it.
- In a small claim ($15,000 or less), the rules are stricter: VCAT must be satisfied that no other party will be unfairly disadvantaged.
- Each party usually pays its own costs. In a small claim, VCAT cannot order costs.
When a VCAT lawyer can appear for you
You can always appear yourself.1 A professional advocate, such as a lawyer, can represent you if:2
- all the parties agree;
- another party is a professional advocate, or is allowed to have one and does;
- you are a child, a council, a public body, a credit provider or a domestic building insurer; or
- VCAT permits it. VCAT can also permit a person who is not a lawyer to represent you.
“Professional advocate” includes lawyers, former lawyers, law clerks, people with a law qualification, and people VCAT considers experienced advocates.2
Small claims: $15,000 or less
Claims of $15,000 or less are small claims.3 In a small claim, a lawyer can represent you only if VCAT is satisfied that no other party will be unfairly disadvantaged, and either all parties agree or VCAT directs that the representation be allowed.3 The rule that lets you have a lawyer because the other side has one does not apply.4 VCAT also cannot order costs in a small claim.5
Companies at VCAT
A company can be represented by a director, secretary or other officer. An officer who is a lawyer can do so only if all the company’s officers are lawyers, or if one of the usual grounds for a lawyer applies.6
What a VCAT lawyer can do before the hearing
Even where a lawyer cannot appear for you, most of the work in a VCAT claim happens before the hearing. We can tell you where you stand, write to the other side, prepare the application or your response, organise the evidence, and help you prepare what you will say. Many claims settle before or at a compulsory conference or mediation.
Costs of a VCAT lawyer
Each party usually pays its own costs, including its own lawyer’s fees, whatever the result.7 VCAT can order one party to pay another’s costs only if it is fair to do so, considering matters such as whether a party conducted the case in a way that unnecessarily disadvantaged the other, the strength of each side’s claims, and the nature and complexity of the case.8
A written settlement offer can change this. If an offer that meets the rules is not accepted, and VCAT’s orders are no more favourable to the party who refused it, the party who made the offer is generally entitled to its costs from the date of the offer.9 In a small claim, VCAT cannot order costs.5
Questions about having a VCAT lawyer
Have another question? Phone 1800 776 529 or send us a message.
Not always. Many people run a small claim themselves. Advice helps most when the amount is large, the law is unclear, or the other side has a lawyer.
Usually not. Each party usually pays its own costs, and in a small claim VCAT cannot order costs. In a larger claim, a settlement offer made in the right form can change this.
Only with VCAT’s permission. If the person is not a lawyer, VCAT may ask for a certificate of authority from you.10
A director, secretary or other officer can represent a company. See A customer has taken you to VCAT.
When to get help
Before you file, or as soon as a claim is filed against you, so the first documents are right. See Fees for the fixed-fee first step.
The law
- Victorian Civil and Administrative Tribunal Act 1998 (Vic) (VCAT Act) s 62(1)(a).
- VCAT Act s 62(1)(b), (c), (2), (8).
- VCAT Act sch 1 cls 4C, 4D(1); Australian Consumer Law and Fair Trading Act 2012 (Vic) s 183.
- VCAT Act sch 1 cl 4D(2).
- VCAT Act sch 1 cl 4I(1).
- VCAT Act s 62(3), (4).
- VCAT Act s 109(1).
- VCAT Act s 109(2), (3).
- VCAT Act ss 112 to 114.
- VCAT Act s 62(1)(c), (7).
Last reviewed: November 2026. This page is general information about Victorian and Commonwealth law as at November 2026. It is not legal advice about your circumstances.
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Your enquiry is read by a solicitor at Professional Edge Lawyers (practice number E0024395, Victorian Legal Services Board). Every letter is written and signed by a solicitor.
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Phone: 1800 776 529
Email: info@consumerlawyers.com.au
Hours: Monday to Friday, 9 am to 5:30 pm
Office: 435 Nepean Highway, Frankston VIC 3199 (by appointment)
We act for consumers and for businesses, but never for both sides of the same dispute. Before we start, we check that we have not acted for the other party.