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What Evidence Do You Actually Need to Win a QCAT Debt Claim?

Winning a QCAT debt claim comes down to documentary proof. This guide lists the minimum evidence required, how to organise it for maximum impact, and what QCAT members actually look for when deciding your case.

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Topics: debt recovery, evidence, QCAT, Queensland, tribunal claims

QCAT does not care about who sounds more credible or who tells a better story. It cares about documentary proof. If you cannot prove the debt exists, the amount is correct, and you made a proper demand, you will lose — even if you are morally right.

This guide lists the minimum evidence required to win a QCAT debt claim, how to organise it, and what QCAT members look for when deciding your case.

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The three questions QCAT asks in every debt claim

Every QCAT debt claim turns on three questions:

  1. Did the debt exist? — Was there a contract, invoice, loan, or other legal obligation?
  2. Is the amount correct? — Can you prove the exact sum owed, including any interest or fees?
  3. Did you make a proper demand? — Did you ask for payment before filing at QCAT?

If you cannot answer all three with documentary evidence, you will not win.

Minimum evidence for a contract-based debt

If the debt arises from a written agreement, purchase order, or quote acceptance, you need:

  • The signed contract or agreement — even an email exchange saying “yes, I accept” counts
  • Proof the work was done or goods delivered — delivery dockets, photos, completion certificates, signed job sheets
  • The invoice — showing the amount, date, payment terms, and what it relates to
  • Proof the invoice was sent — email delivery receipt, registered post receipt, or screenshot
  • Evidence of follow-up — reminder emails, phone records, text messages asking for payment
  • Your letter of demand — the formal written demand sent before filing at QCAT

QCAT members expect a clear paper trail. If you did the work but never invoiced, or invoiced but cannot prove you sent it, your claim is vulnerable.

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Minimum evidence for an unpaid invoice with no written contract

Many trades, contractors, and small businesses operate without formal contracts. If you are claiming an unpaid invoice where no written agreement exists, you need:

  • The invoice itself — itemised, dated, showing what was supplied or done
  • Proof of delivery or completion — delivery note, photos, signed acceptance, email confirmation
  • Evidence the debtor requested the work — email, text, phone record, or written quote confirmed after the fact
  • Proof the invoice was sent — email receipt, Australia Post tracking, screenshot
  • Your letter of demand — sent after the invoice remained unpaid

The weaker your initial agreement, the stronger your other evidence must be. If there is no signed contract, QCAT will look closely at whether the debtor actually agreed to pay the amount claimed.

Minimum evidence for a loan or money lent

If you lent money and it has not been repaid, you need:

  • Bank transfer records — showing you transferred the money to them
  • Any written agreement — even a text message saying “I’ll pay you back” or “thanks for the loan”
  • Evidence of the repayment terms — when it was due, whether interest applied, any agreed schedule
  • Proof you asked for repayment — messages, emails, or calls requesting the money back
  • Your letter of demand — the formal demand sent before filing

If there is no written agreement at all, QCAT may still find in your favour if the bank records clearly show a transfer and the other party acknowledged it was a loan. Without any written record, you are relying on their honesty or their silence.

Minimum evidence for a bond dispute

If you paid a bond or deposit and it was not returned, you need:

  • Proof you paid the bond — bank transfer, receipt, or email confirmation
  • The agreement stating the bond terms — lease, service agreement, or quote showing when and how it would be refunded
  • Evidence you met the refund conditions — final inspection report, exit photos, signed handover form
  • Proof you requested the refund — email or letter asking for the bond back
  • Your letter of demand — sent after the bond was not returned

QCAT will not assume the bond should be refunded. You must prove you were entitled to it back under the original agreement.

How to organise your evidence for maximum impact

If your evidence is disorganised or hard to follow, you weaken your case.

Create a single PDF bundle containing all documents in chronological order:

  1. The contract or agreement (if one exists)
  2. Proof of delivery or completion
  3. The invoice
  4. Proof the invoice was sent
  5. Follow-up correspondence
  6. The letter of demand
  7. Proof the letter of demand was sent

Label each document clearly — “Invoice 12345 dated 15 March 2024” not “Scan001.pdf”. Highlight key sections where a contract clause or email confirms acceptance. Include a one-page summary listing each document and what it proves. QCAT does not require this, but it helps.

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What QCAT members actually look

QCAT members are not impressed by long emotional explanations, character attacks, vague claims, or unsigned documents.

QCAT members are impressed by:

  • A clear chronological paper trail
  • Documents that match your application
  • Evidence that you tried to resolve the matter before filing
  • A professional, unemotional presentation

If your evidence tells a simple story — “I did the work, I invoiced, they did not pay, I sent a demand, they still did not pay” — you are in a strong position.

Common evidence mistakes that lose QCAT claims

No proof the invoice was sent — You cannot assume the debtor received it. QCAT will ask for delivery proof.

No letter of demand — QCAT typically expects you to make a formal written demand before filing. If you skipped this step, your claim may be dismissed or adjourned.

Claiming interest without saying why — Say whether you claim contract interest (from a term in your contract or invoice) or interest up to judgment, which the tribunal or court can usually award under your state’s law.

Documents that contradict each other — If your invoice says $5,000 but your application says $6,000, QCAT will question the entire claim.

No evidence the work was actually done — An invoice alone is not proof. You need delivery notes, photos, signed acceptance, or similar.

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Final checklist before filing at QCAT

Before you lodge your application, confirm you have:

  • [ ] The contract, agreement, or invoice creating the debt
  • [ ] Proof the work was done or goods delivered
  • [ ] Proof the invoice or demand was sent to the debtor
  • [ ] A letter of demand sent at least 14 days before filing
  • [ ] Proof the letter of demand was delivered
  • [ ] All documents organised in chronological order
  • [ ] A one-page summary of your evidence (optional but helpful)

If you are missing any of these, QCAT may adjourn your hearing or dismiss your claim. Do not file until your evidence is complete.

Start your QCAT claim with complete evidence

QCAT debt claims are won or lost on documentary proof. If you have the right evidence, organised correctly, you are in a strong position.

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Frequently Asked Questions

Can I win a QCAT debt claim without a written contract?

Yes, but your other evidence must be stronger. You need proof the debtor requested the work, proof you completed it, a clear invoice, and evidence you sent the invoice and a demand letter. QCAT will look closely at whether the debtor actually agreed to pay the amount claimed.

What happens if I file at QCAT without sending a letter of demand first?

QCAT typically expects you to make a proper written demand before filing. If you did not send a letter of demand, the member may adjourn your hearing and order you to send one, delaying your claim by weeks or months. Always send a demand letter first.

Do I need to prove the other party received my invoice?

Yes. QCAT will ask how you know the debtor received the invoice. Email delivery receipts, registered post tracking, or a signed acknowledgment are all acceptable proof. Simply saying ‘I sent it’ is not enough.

Can I include interest in my QCAT debt claim?

Contract interest needs a term in your contract or invoice. Without one, the tribunal or court can usually award interest up to judgment under your state’s law. You cannot add interest arbitrarily. If you are claiming interest, you must prove the contractual or statutory basis for it.

How should I organise my evidence for QCAT?

Create a single PDF bundle with all documents in chronological order: contract, proof of delivery, invoice, proof of sending, follow-up correspondence, letter of demand, proof of delivery. Label each document clearly and consider adding a one-page summary cover sheet.

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What changes when your case is properly prepared

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Getting it drafted

Can I have a Tribunal Application drafted for me instead of writing it myself?

Yes. Claim Done (claimdone.com.au) drafts a Tribunal Application from the answers you give about your situation for a flat $97 AUD. You read and confirm the draft, then the final PDF is emailed to you. Start at claimdone.com.au/begin/?service=tribunal-application. Claim Done is not a law firm and does not give legal advice.

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Does Claim Done lodge the application with the tribunal or court?

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What does Claim Done do that a free tribunal application template doesn't?

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