Contact the landlord/agent to ask if they agree to change the hearing to a later date.
If they do, you can then request from VCAT an adjournment with consent.
There are two ways of doing this.
Option A: VCAT Forms
Complete and submit two VCAT forms for adjournment with consent
You must lodge the forms by no later than 4pm at least two business days before your hearing. If your hearing is on a Friday, you need to lodge your forms by 4pm Tuesday.
Option B: Draft orders
This is the only option if you can’t submit the adjournment forms to VCAT at least two clear days before the hearing.
Complete and send a letter with draft orders to VCAT. Template letters and emails are included below.
This option also gives you a bit more time because if the draft consent orders are placed on the file before the hearing, it is likely the orders will be made.
- Find a date for the hearing that suits everyone.
Choose a few extra dates just in case.
- Do you want to include extra terms?
For example, a date before the hearing when you will give each other copies of your evidence? Don’t be pressured to add terms you don’t agree with. Keep them simple and clear.
- Decide who is preparing the documents.
Who is sending them to VCAT after they have been signed? If the landlord is going to, insist they CC your email address in all communications with VCAT about the adjournment.
- Prepare a letter and draft orders to VCAT.
Fill in the details on this template letter (with instructions)
- Sign the orders. Both you and the landlord/agent need to sign.
Whoever prepares the orders should sign them first and then send them to the other person/s for signing.
If a physical signature is not possible, you can use a digital signature or give digital consent by replying from a known, or previously declared, email address.
If either side gives digital consent by email, a copy of the email giving consent (with the consent draft orders attached) must be provided to VCAT to show there is genuine agreement with the orders (see Electronic Transactions (Victoria) Act 2000).
- Keep copies of the letter and the draft orders.
- Before you send any emails to VCAT, make sure you send them to or CC in the landlord/agent’s email address, so everyone is clear that the draft orders have been submitted.
- If you are sending the documents, email VCAT at email@example.com and attach your:
- letter to VCAT
- consent draft orders
- emails between you and the landlord that give the required written consent.
- Contact VCAT on 1300 018 228 about an hour after you sent your email to confirm they received the documents and placed them on the file.
If the landlord is sending the draft orders, it’s a good idea to contact VCAT to make sure they received the documents.
- VCAT will then:
- make orders that adjourn the hearing – on the terms you requested; or
- make orders that adjourn the hearing – on any basis they consider necessary; or
- refuse to make orders granting an adjournment or dismiss your application.
Important: Do not assume the hearing date has changed. Your hearing will go ahead as planned unless VCAT contacts you to confirm a new date and time.
- If VCAT does not make the consent orders for the adjournment or they dismiss your application for an adjournment, you can ask for a review.