Why did you miss it?
Explain a reasonable excuse with proof: for example, hospitalisation, an emergency or why you did not learn of the hearing. Give a chronology. Not every explanation will be accepted.
RENTER RIGHTS GUIDE / VICTORIA
Missed a VCAT hearing and received a PO?
Understand reopening a default possession order, requesting an urgent stay and the limits once a warrant is executed.
Reopening and a stay are separate requests; confirm any order stopping execution.
01 / ACT IMMEDIATELY
Get the order and check enforcement risk.
- Request the PO and case documents from VCAT. Record the case number, order and vacate dates, how hearing notice was served, and when and how you first learned of the order.
- Ask whether a warrant has issued. Check with VCAT and ask local police about known execution arrangements. Tell a legal service the timing and urgency.
- Seek urgent reopening and stay advice. Do not wait until day 14. A warrant may be executed sooner. After lawful eviction, do not assume VCAT can order you back into the property.
Filing an application does not confirm a stay.
Confirm receipt, urgent handling and stay status with VCAT. Obtain any written stay order, promptly give it to the other party and enforcing police, and confirm receipt. An email or filing receipt alone is not confirmation that enforcement has stopped.
Sources: Tenants Victoria: reopening before eviction; Justice Connect: confirming stays.
02 / REOPENING REQUIREMENTS
Missing the hearing does not automatically undo the PO.
If absent and unrepresented, consider reopening under VCAT Act s 120. Generally, the application must reach VCAT within 14 days of learning of the order. If late, urgently ask about extension and permission. A further reopening application generally needs leave.
What could change?
Identify a reasonable argument that could affect the order: a ledger error, paid arrears, an invalid notice, an available repayment arrangement or evidence of eviction impacts. Wanting to stay alone is generally insufficient.
Address prejudice
Explain the effect of reopening on others and why rehearing is appropriate. Describe prompt action and workable interim arrangements honestly. VCAT decides whether to grant the application.
See VCAT’s s 120 form and criteria (historical form; check the current version) and Tenants Victoria’s guidance. Legal framework: VCAT Act s 120 and VCAT Rules r 4.24; check current versions.
03 / YOUR APPLICATION
Prepare evidence about absence and the original case.
Urgent document pack
Prepared 0 / 6 items
An outline for your explanation
For organising facts only. It does not replace the current form or guarantee success.
“Case [number]. I learned on [date, method] of the PO made on [date]. I was absent and unrepresented because [reason], supported by A1. I seek reopening because [argument that could affect the order], supported by B1–B3. Separately, I request an urgent stay of [specified order/enforcement] until [time or event], because [urgency and impact]. Known warrant/police arrangements are [facts or unknown].”
For an arrears PO, also prepare the ledger, payment proof and affordable proposal described in the arrears guide. Payment alone does not cancel an existing PO.
Preparation resource: Justice Connect’s missed-hearing guide (historical resource).
04 / AFTER FILING
Confirm receipt and prepare for an immediate rehearing.
- Use current VCAT channels. Check the current form, filing method and urgent instructions on VCAT’s website. Do not rely solely on email or postal details in old resources. Serve as directed, keep receipts and contact the registry.
- Follow up the stay separately. Identify any warrant and obtain clear written confirmation and orders. A stay during reopening differs from an ordinary hardship postponement; the latter is not automatically available after the original hearing.
- Attend ready to argue the whole case. VCAT may decide reopening first and rehear the original dispute that day or later. Request an interpreter, accessibility adjustments or remote participation early if needed.
If reopening is refused, the original order remains. Reopening does not guarantee that possession will ultimately be refused. If you attended or were represented, seek advice on another appropriate remedy. A court appeal on a legal question is a separate process.
Check VCAT’s current application and contact details and Tenants Victoria’s hearing guidance. Return to case analysis →
05 / SUPPORT
Get specialist help
A tenancy service can assess which application or defence fits your circumstances.