Evidence You Need for a VCAT Small Claim

VCAT small claims hearings move fast. You get 30 minutes to present your case, the other side gets 30 minutes, then the member decides. There is no second chance to produce a missing invoice or find that crucial text message.

For the forms, fees and each step, see our guide to making an VCAT application.

VCAT members decide cases on evidence. If you claim the tradesperson never showed up, you need proof. If you say the landlord kept your bond unfairly, you need documentation. This guide lists the exact evidence VCAT expects to see in a properly prepared hearing bundle.

Your statement of claim sets the foundation

Your statement of claim sets out who you are, who the respondent is, what happened, what loss you suffered, and what remedy you seek. Every piece of evidence in your bundle should support a fact alleged in your statement of claim.

If you claim $2,400 for unpaid work, your evidence must prove the work was done, the price was agreed, and payment has not been received. VCAT members read the statement of claim first. If it is vague or contradictory, you lose credibility before the hearing starts.

The contract or agreement

If your dispute arises from a contract, the contract is your most important piece of evidence:

• Written contracts signed by both parties
• Quotes accepted in writing or by conduct
• Purchase orders
• Service agreements
• Invoices setting out scope of work and price
• Terms and conditions referred to in the agreement

If there was no written contract, you need evidence of the oral agreement:

• Text messages or emails discussing the terms
• Diary notes made at the time
• Witness statements from people who heard the agreement
• Conduct demonstrating what was agreed (you paid a deposit, they started work)

VCAT will enforce oral contracts, but only if you can prove what was agreed.

Invoices and payment records

For debt claims, invoices are essential. Your invoice must show the date issued, description of goods or services, price agreed, payment terms, and evidence the invoice was sent to the debtor.

Payment records prove what has or has not been paid:

• Bank statements showing payments received
• Receipts issued
• Payment plans in writing
• Dishonoured cheque notices
• Screenshots of online payment platforms (PayPal, bank transfer confirmations)

If you are defending a debt claim, your payment records prove you have already paid or that the amount claimed is wrong.

Communications between the parties

Text messages, emails, and letters often provide the most persuasive evidence at VCAT. They show what was agreed, what went wrong, who said what and when, and whether you tried to resolve the dispute before filing.

Print or screenshot every relevant message. Organise them chronologically. Highlight the key passages. Do not assume the VCAT member will read 40 pages of back-and-forth texts — summarise the key points in your statement and refer to specific messages as exhibits.

Common communication evidence includes:

• Emails confirming the agreement or varying its terms
• Text messages arranging meetings, deliveries, or payments
• Letters of demand sent before filing at VCAT
• Responses (or lack of response) to your attempts to resolve the matter
• Social media messages (Facebook Messenger, Instagram DMs, WhatsApp)

If the other party made admissions in writing (“Sorry, I know I owe you the money, I’ll pay next week”), that is powerful evidence.

Photographs and video

For property damage claims, defective goods, or building disputes, photographs are essential. Take photos of:

• The damage or defect, from multiple angles
• The surrounding context (the whole room, not just the cracked tile)
• Before-and-after comparisons if available
• Any temporary repairs you had to make
• Serial numbers, model numbers, or identifying features of goods

Video can be even more persuasive for issues like water leaks, noise complaints, or demonstrating how something does not work as promised.

Use photos that include the date and time in the image properties where possible. Original files are more credible than heavily edited versions.

Quotes and repair invoices

If you are claiming the cost of fixing a problem caused by the respondent, you need:

• At least two quotes for the repair work (VCAT typically prefers multiple quotes to verify reasonableness)
• Invoices for work already completed
• Receipts for materials purchased
• Evidence that the repair was necessary because of the respondent’s breach

If you repaired the damage yourself, provide receipts for materials and a reasonable estimate of your labour time at market rates. VCAT will not award you $5,000 for a repair that would cost a professional $800.

Statutory notices and compliance documents

Some disputes require proof that you followed the correct legal process before filing at VCAT. Examples include:

• Rental bond disputes: Bond lodgement receipt, condition reports (entry and exit), notice of intention to claim, RTBA correspondence
• Building disputes: Building permits, compliance certificates, relevant notices
• Consumer claims: Proof you gave the seller a reasonable opportunity to repair or replace

If the law required you to give notice before taking action, you must prove you gave that notice. A letter of demand sent by registered post, with proof of postage, is standard evidence. Claim Done’s letter of demand service sends your demand by email.

Witness statements

If someone other than you has relevant knowledge, their written statement can be included in your hearing bundle. A witness statement should:

• Identify the witness (full name, address, occupation)
• Set out the facts they personally observed
• Be signed and dated
• Ideally be sworn or affirmed before a Justice of the Peace or lawyer

VCAT allows witnesses to attend the hearing and give evidence in person, but written statements are often sufficient for straightforward matters. If the other party disputes your witness’s evidence, the member may ask them to attend for cross-examination.

Do not ask a witness to speculate or give opinions unless they are an expert. “I saw the tradie arrive at 9am and leave at 11am” is good evidence. “I reckon the work was dodgy” is not. Claim Done can help you prepare a properly formatted witness statement that meets VCAT’s expectations.

Expert reports

For technical disputes — building defects, vehicle damage, professional negligence — an expert report may be necessary. VCAT typically expects expert reports to:

• Be prepared by a qualified professional in the relevant field
• Set out the expert’s qualifications and experience
• Explain the technical issue in plain language
• Provide an opinion on the cause, cost of repair, or standard of work
• Attach supporting documents (photos, test results, calculations)

Expert reports are expensive. For small claims under $10,000, consider whether the cost of the report is proportionate to the amount in dispute. Sometimes a detailed quote from a qualified tradesperson is sufficient.

Organising your hearing bundle

VCAT does not require a specific format, but a well-organised bundle makes your case easier to follow. A standard structure is:

1. Cover page — your name, the VCAT file number, the hearing date
2. Index — a list of all documents in the bundle, with page numbers
3. Statement of claim — your formal pleading filed with VCAT
4. Your witness statement — your version of events, signed and dated
5. Exhibits — all supporting documents, in chronological order, each clearly labelled (Exhibit A, Exhibit B, etc.)
6. Respondent’s documents — if you have received their material, include it for reference

Use a ring binder or folder with tabs. Number every page. Bring three copies: one for you, one for the respondent, one for the member.

What VCAT does not want to see

VCAT members are experienced and practical. They do not want:

• Irrelevant background (your entire life story, unrelated grievances)
• Emotional appeals without supporting evidence
• Speculation or hearsay (“My friend told me the respondent does this to everyone”)
• Excessive documents (40 pages of bank statements when 2 pages would prove the point)
• Surprise evidence not disclosed before the hearing

If you include a document in your bundle, be prepared to explain why it matters. If you cannot explain its relevance in one sentence, leave it out.

Get your hearing documents professionally drafted

Claim Done’s Hearing Bundle Upgrade service drafts five separate A4 PDFs from your answers: a chronology, a statement of issues, an evidence index, a position statement and draft orders. The evidence index lists your documents so you can put your own copies in order, label them as exhibits and number the pages.

Each document is delivered as a print-ready PDF. You print them, add them to your own bundle, bind it and bring it to VCAT.

Before you attend VCAT, confirm you have three copies of your complete hearing bundle, original documents for the member to inspect if requested, a list of the key points you want to make with references to specific exhibits, and contact details for any witnesses attending.

If you need help preparing your VCAT application or organising your evidence, Claim Done delivers professional tribunal documents at a fixed fee, Australia-wide.

Frequently Asked Questions

Can I submit evidence after the VCAT hearing has started?

Generally no. VCAT expects all evidence to be disclosed and served on the other party before the hearing. If you try to introduce new evidence on the day, the member may refuse to admit it or adjourn the hearing, potentially ordering you to pay the other party’s costs.

Do I need a lawyer to prepare my VCAT hearing bundle?

No. Most VCAT small claims applicants represent themselves. A well-organised hearing bundle that you put together yourself is often sufficient.

How many copies of my hearing bundle do I need?

Bring three copies: one for yourself, one for the respondent, and one for the VCAT member. If there are multiple respondents, bring additional copies.

What if I do not have a written contract?

VCAT will enforce oral contracts if you can prove the terms. Use text messages, emails, witness statements, invoices, and conduct (like paying a deposit or starting work) to demonstrate what was agreed.

Can I use screenshots of text messages as evidence at VCAT?

Yes. Screenshots of text messages, emails, and social media messages are routinely accepted as evidence at VCAT. Print them clearly, in chronological order, and highlight the relevant parts.