What Evidence Do You Need to Prove a Debt in QCAT?

If you are taking a debt claim to the Queensland Civil and Administrative Tribunal (QCAT), the outcome depends on the evidence you present. QCAT wants documents that prove the debt exists, the amount owed, and that you tried to recover it before filing.

This guide lists the specific evidence QCAT expects, how to organise it, and what happens if your evidence is incomplete.

What QCAT needs to see

The tribunal expects you to prove your case on the balance of probabilities — meaning it is more likely than not that the debt is owed.

You need documents that establish:

• The agreement — what was promised, by whom, and for how much
• Performance — that you delivered the goods or services as agreed
• Non-payment — that the debtor has not paid, despite being asked
• The amount — the exact figure owed, including any interest or fees

If you cannot prove all four elements, your claim will typically fail.

Core documents QCAT expects

The contract or agreement

QCAT needs to see the original agreement that created the debt. This can be:

• A signed written contract
• A purchase order or quote that was accepted
• An email exchange confirming the terms
• A service agreement or terms and conditions the debtor agreed to

If you do not have a written contract, you can still prove an agreement through conduct, but it is harder. You will need to show a clear pattern of requests, quotes, and acceptance.

What to include:

• The date the agreement was made
• The parties’ names and contact details
• The goods or services to be provided
• The price and payment terms
• Any relevant terms about delivery, warranties, or disputes

If the contract refers to other documents (like standard terms), include those too.

Invoices

Your invoices are the primary evidence of the debt. QCAT expects invoices that clearly show:

• Invoice number and date
• Your business name and ABN
• The debtor’s name and address
• A description of the goods or services provided
• The amount charged (including GST if applicable)
• Payment terms (e.g., “Due within 14 days”)
• The due date

If you issued multiple invoices, include all of them. If you issued a credit note or adjusted the amount, include that too.

Common mistakes:

• Vague descriptions like “Services rendered” — be specific
• Missing ABN or business details
• Inconsistent amounts between the invoice and your claim
• Invoices that do not match the contract terms

QCAT will scrutinise invoices carefully. If your invoice says “Due on receipt” but you waited six months to chase payment, the tribunal may question whether the debt was genuinely due.

Proof of delivery or performance

You must prove you actually provided the goods or services. QCAT will not award a debt based on an invoice alone.

For goods:

• Delivery dockets signed by the recipient
• Courier tracking records showing delivery
• Photos of the goods at the delivery address
• Email confirmation from the debtor acknowledging receipt

For services:

• Timesheets or job records
• Photos of completed work
• Emails or messages from the debtor approving the work
• Signed completion certificates or handover documents

If the debtor claims the work was defective or incomplete, your proof of delivery must also show the work met the agreed standard.

Correspondence and demand letters

QCAT expects you to have made reasonable attempts to recover the debt before filing. This typically means:

• At least one invoice reminder or statement
• A formal letter of demand (preferably sent by registered post or email with read receipt)
• Any responses from the debtor (including excuses, promises to pay, or disputes)

If you sent a letter of demand and the debtor did not respond, include proof of delivery (Australia Post tracking or email delivery confirmation).

If the debtor disputed the debt, include their dispute and your response. QCAT needs to see that you tried to resolve the matter before filing.

Payment records

If the debtor made partial payments, include:

• Bank statements showing the payments received
• Receipts you issued
• A running account statement showing payments applied to the debt

This proves the current outstanding balance and shows the debtor acknowledged the debt by making payments.

Evidence of the debtor’s identity

QCAT needs to be satisfied you are suing the correct party. Include:

• The debtor’s full legal name (check ABN or company register if it is a business)
• Their address (residential or registered office)
• ABN or ACN if the debtor is a company
• Any trading names or business names used

If the debtor is a company, check the ASIC register to confirm it is still registered and not in liquidation.

How to organise your evidence

Present your evidence in a logical order:

1. Cover sheet — list all documents in the bundle with page numbers
2. Contract or agreement — the document that created the debt
3. Invoices — in chronological order
4. Proof of delivery — matching each invoice where possible
5. Correspondence — invoice reminders, letters of demand, and any replies
6. Payment records — if any payments were made
7. Supporting documents — anything else relevant (e.g., photos, expert reports)

Number every page. Use tabs or dividers if you are filing a physical bundle. If filing electronically, use a single PDF with bookmarks for each section.

What happens if your evidence is incomplete

If you cannot prove the debt, the tribunal will typically dismiss your claim.

Common reasons claims fail:

• No written contract and no evidence of an agreement
• Invoices that do not match the work described
• No proof the goods were delivered or the work was done
• No letter of demand or proof you asked for payment
• The debtor disputes the debt and you have no response

If the debtor raises a genuine dispute (e.g., the work was defective), QCAT may adjourn the hearing and order you to provide further evidence. If you cannot, you lose.

When you need more than documents

In some cases, documents alone are not enough. You may need:

• Witness statements — from employees, subcontractors, or customers who can verify the work was done
• Expert reports — if the debtor claims the work was defective and you need a qualified person to assess it
• Photographs or videos — showing the condition of goods or the state of completed work

If you need a witness, they must attend the hearing or provide a sworn statement. QCAT is not bound by the rules of evidence and can accept hearsay, but it may give it little weight. A signed statement from the person who saw it is stronger.

Final checklist before filing

Before you file your QCAT claim, confirm you have:

• ☑ A written contract or clear evidence of an agreement
• ☑ Invoices that match the contract and describe the work
• ☑ Proof you delivered the goods or completed the work
• ☑ At least one letter of demand sent to the debtor
• ☑ Proof of the debtor’s identity and current address
• ☑ All documents organised, numbered, and indexed

If you are missing any of these, fix it before filing. QCAT will not give you a second chance.

How Claim Done helps

If you are preparing for a QCAT hearing, Claim Done’s Hearing Bundle Upgrade 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 invoices, contracts, correspondence and proof of delivery so you can put your own copies in order before you file.

For straightforward debt claims, Claim Done also prepares your Tribunal Application: your application and a witness statement, drafted to QCAT’s requirements. You attach your own evidence and lodge it yourself.

Both services deliver in about 5 minutes, at a flat fee, with no subscription.

If your evidence is ready, file your QCAT claim online through the QCAT portal or at a QCAT registry. If you want help with the documents that go with your evidence, use Claim Done’s Hearing Bundle Upgrade to draft your chronology, evidence index and other hearing documents. If you have not yet sent a demand letter, send a formal letter of demand before filing to strengthen your case.

Frequently Asked Questions

What is the most important document in a QCAT debt claim?

The invoice is the most important document, but it must be supported by proof of delivery or performance. QCAT will not award a debt based on an invoice alone — you must prove you actually provided the goods or services.

Do I need a written contract to prove a debt in QCAT?

Not always. You can prove an agreement through emails, quotes, purchase orders, or even conduct if there is a clear pattern of requests and acceptance. However, a written contract makes your case much stronger.

What if the debtor claims the work was defective?

You will need evidence that the work met the agreed standard. This can include photos, completion certificates, emails from the debtor approving the work, or an expert report. If the debtor raises a genuine dispute, QCAT may adjourn the hearing and order further evidence.

Can I use bank statements as evidence in QCAT?

Yes. Bank statements showing payments received (or not received) are useful evidence. They prove the debtor made partial payments or that no payment was made despite the invoice being due.

What happens if I file a QCAT claim without enough evidence?

QCAT will typically dismiss your claim. The tribunal expects you to prove your case on the balance of probabilities. If you cannot prove the debt exists, the amount owed, and that you tried to recover it, you will lose — even if you are morally in the right.