You have a legitimate debt. The debtor will not pay. You are ready to file a tribunal application. But without the right evidence, even the strongest case falls apart.
Australian civil and administrative tribunals decide cases on the balance of probabilities. You need to prove it is more likely than not that the debt exists, the amount is correct, and the debtor has failed to pay.
The core evidence bundle
Every debt recovery tribunal application should include these foundational documents:
Invoice or tax invoice The primary proof of the debt. Must show the amount owing, the date issued, a description of goods or services, and payment terms. If you issued multiple invoices, include all unpaid ones.
Contract or written agreement Any document that created the obligation to pay. This could be a signed service agreement, purchase order, email confirmation, or quote acceptance.
Proof of delivery or completion Evidence you actually provided what you invoiced for. Delivery dockets, signed work completion certificates, photos of finished work, or email confirmations that goods were received.
Payment history Bank statements or accounting records showing partial payments, if any. This proves the debtor acknowledged the debt and demonstrates the outstanding balance.
Demand correspondence Copies of any letter of demand, email requests for payment, or text messages chasing the debt. Shows you gave the debtor a reasonable opportunity to pay before filing.
Identity verification For individuals: full legal name and last known address. For companies: ABN, ACN, and registered office address (check the ASIC register). Tribunals will not proceed if you cannot properly identify the respondent.
When there is no written contract
Many small business debts arise from verbal agreements, quotes accepted over the phone, or work done on a handshake. You can still recover, but your evidence needs to be stronger.
Quote or estimate Even if not formally accepted in writing, a quote sent via email or text that matches the work done helps prove the agreed price.
Contemporaneous notes File notes, diary entries, or calendar appointments made at the time of the agreement. Tribunals give weight to records created before the dispute arose.
Text messages and emails Any electronic communication discussing the work, the price, or payment terms. Screenshots are acceptable, but make sure they show the sender, date, and time.
Third-party witnesses If someone else was present when the agreement was made or when the work was completed, prepare a witness statement. It does not need to be a formal affidavit for most tribunals, but it should be signed and dated.
Industry standard terms If you can show that the work you did and the price you charged are consistent with standard industry practice, it supports the inference that the debtor knew what they were agreeing to.
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Organising your evidence
Tribunals deal with dozens of cases every day. Make it easy for the member to understand your claim.
Chronological order Arrange documents in the order things happened. Contract first, then invoices, then correspondence, then any follow-up. Number each page in the top right corner.
Cover sheet or index A single-page list of every document in your bundle, with page numbers. This is not mandatory in most tribunals, but it shows you are organised and makes the hearing run faster.
Highlight key sections If a contract or email is multiple pages, use a highlighter or bold text to draw attention to the relevant clause or statement. Do not highlight entire pages.
Remove irrelevant material Do not include every email you have ever sent. Only include correspondence that proves the debt, the amount, or the debtor’s refusal to pay.
Prepare copies Most tribunals require you to file one copy with the tribunal and serve one copy on the respondent. Some require a third copy for the member. Check your tribunal’s specific rules before the hearing.
Common evidence mistakes
Unsigned invoices If your invoice does not include your business name, ABN, or contact details, it looks unprofessional and may not meet the requirements of a valid tax invoice.
Vague descriptions “Services rendered” or “as discussed” is not enough. The invoice must specify what you did, when you did it, and how the price was calculated.
No proof of service If you are claiming the debtor received the invoice, you need proof. An email delivery receipt, a signed acknowledgment, or evidence the invoice was posted to their last known address.
Inconsistent amounts If your invoice says $5,000 but your demand letter says $5,500, the tribunal will ask why. Make sure every document reflects the same debt, or clearly explains any interest, fees, or adjustments.
Hearsay evidence “My accountant told me the debtor said they would pay” is hearsay. Only include direct evidence: documents you created, correspondence you received, or statements from people with firsthand knowledge.
Late evidence Most tribunals require you to file and serve your evidence at least 7 days before the hearing. If you try to introduce new documents on the day, the tribunal may refuse to admit them or adjourn the hearing at your cost.
Presenting evidence at the hearing
Tribunals are less formal than courts, but you still need to follow basic procedure.
Refer to page numbers When you mention a document, tell the tribunal which page it is on. “The invoice is at page 3 of my bundle.”
Explain what each document proves Do not assume the tribunal member will connect the dots. “This email at page 12 shows the respondent acknowledged receiving the goods and promised to pay within 30 days.”
Stay calm and factual Do not say “the respondent is a liar.” Say “the respondent’s statement is inconsistent with the email they sent on 15 March, which is at page 8.”
Answer questions directly If the tribunal member asks you a question, answer it. If you do not know, say so. Do not guess or speculate.
Bring originals if requested Some tribunals ask to see original documents, especially contracts or statutory declarations. Bring them to the hearing even if you have already filed copies.
How Claim Done helps with your tribunal application
Claim Done’s Tribunal Application service drafts your application (for a New South Wales debt, a Local Court statement of claim) and a witness statement based on the documents you describe. You attach your own evidence and lodge the tribunal’s or court’s form yourself.
The service includes:
- A properly formatted application
- A draft witness statement template
- State-specific filing instructions
Claim Done does not give legal advice.
Final checklist before you file
Before you lodge your tribunal application, confirm you have:
- [ ] All invoices showing the debt
- [ ] The contract, agreement, or quote (if any)
- [ ] Proof you delivered the goods or completed the work
- [ ] Copies of all demand letters or payment requests
- [ ] The debtor’s correct legal name and address
- [ ] Documents arranged in chronological order and numbered
- [ ] Enough copies for the tribunal, the respondent, and yourself
- [ ] Evidence filed within the tribunal’s deadline
Ready to file your tribunal application?
Claim Done prepares your tribunal application in about 5 minutes. Tell us what documents you have, answer a short form, and download your application and witness statement. For the hearing, Claim Done’s separate Hearing Bundle drafts a chronology, a statement of issues, an evidence index, a position statement and draft orders.
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Frequently Asked Questions
Do I need original documents or are copies acceptable?
Most tribunals accept certified copies or clear scanned copies for filing. However, bring the originals to the hearing in case the tribunal member wants to inspect them. If you are relying on a signed contract, the original signature may carry more weight than a photocopy.
Can I use text messages or WhatsApp conversations as evidence?
Yes. Electronic communications are admissible in Australian tribunals. Take clear screenshots showing the sender’s name or number, the date, and the full conversation. Print them or save them as a PDF with each message visible. Do not edit or crop out context.
What if the debtor disputes the amount or quality of work?
You will need additional evidence to counter their claim. Photos of the completed work, independent quotes showing your price was reasonable, or expert reports if the dispute is technical. If the debtor raises a genuine dispute about quality, the tribunal may reduce the amount or dismiss the claim.
How far back can I claim interest on an unpaid debt?
It depends on your contract and your state’s tribunal rules. Some tribunals award interest from the invoice due date, others from the date of filing. Check your contract for an interest clause. If there is none, tribunals may still award interest under their general powers, typically at rates set by the tribunal’s governing legislation.
Do I need a lawyer to present evidence at tribunal?
No. Most small claims tribunals are designed for self-represented parties. The tribunal member will guide you through the process.
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