What Evidence Do You Actually Need for a Tribunal Application in Australia?

Australian tribunals decide cases on evidence, not emotion. If you cannot prove what you claim, you lose — even if you are right.

Tribunals assess the evidence you provide. If your evidence is incomplete, poorly organised, or missing entirely, the member will dismiss your application or rule against you.

The five types of evidence tribunals rely on

Australian tribunals assess five categories of evidence. Your application should include at least three of these, depending on your dispute type.

Documentary evidence — contracts, invoices, receipts, emails, letters, bank statements, text messages, screenshots. This is the backbone of most tribunal cases.

Photographic evidence — photos or videos showing damage, defects, conditions at a property, before-and-after comparisons. Time-stamped and clearly labelled.

Witness statements — written statements from people who saw what happened, signed and dated. Tribunals prefer written statements over live testimony in most jurisdictions.

Expert reports — reports from qualified tradespeople, valuers, engineers, or other specialists. Required for technical disputes like building defects or property damage assessments.

Statutory declarations — sworn statements made before a Justice of the Peace or solicitor. Used when you need to verify facts under oath.

Core documents for common tribunal disputes

Different disputes require different evidence. Here is what tribunals typically expect for the most common application types.

Unpaid invoices or debt recovery

• Invoice or tax invoice — showing the amount owed, date issued, payment terms
• Contract or quote — the agreement that created the debt (written or email confirmation)
• Proof of delivery — delivery dockets, signed receipts, tracking records
• Correspondence — emails or letters chasing payment, any responses from the debtor
• Bank statement — showing the payment was never received
• Letter of demand — proof you attempted to recover the debt before applying

If the debtor claims the work was defective or incomplete, you need photos or a completion certificate proving otherwise.

Defective goods or services

• Receipt or proof of purchase — showing what you bought, when, and how much you paid
• Warranty or guarantee — any written promise about the product or service
• Photos or videos — clearly showing the defect or damage
• Correspondence with the seller — emails, messages, or letters where you reported the issue and requested a remedy
• Repair quotes — from another supplier, showing the cost to fix the defect
• Expert report — if the defect is technical (e.g. faulty electrical work, structural damage)

Consumer law claims require proof the goods were not of acceptable quality or fit for purpose. Photos alone are rarely enough — you need correspondence showing you gave the seller a chance to fix it.

Rental bond disputes

• Tenancy agreement — the signed lease
• Condition report — the entry condition report signed by both parties at the start of the tenancy
• Exit inspection report — the condition report at the end of the tenancy
• Photos — dated photos showing the property’s condition at entry and exit
• Invoices for repairs or cleaning — if the landlord claims costs against the bond
• Correspondence — emails or letters between tenant and landlord about the bond claim
• Bond lodgement receipt — proof the bond was paid to the relevant state authority

If the landlord claims damage, they must prove it was caused by the tenant and was not fair wear and tear. If the tenant disputes the claim, they need photos showing the property was left in reasonable condition.

Breach of contract

• The contract — the signed agreement (or email chain forming the agreement)
• Proof of your performance — invoices, delivery records, completion certificates
• Proof of the breach — correspondence, photos, or documents showing the other party failed to perform
• Correspondence — emails or letters where you raised the breach and requested remedy
• Loss calculation — invoices, quotes, or financial records showing your loss
• Notice to remedy breach — if you issued one before applying

Contract disputes turn on what was agreed and whether it was performed. If the contract is verbal or poorly documented, your case is weaker.

Property damage

• Photos or videos — clearly showing the damage, taken as soon as possible after the incident
• Repair quotes — at least two quotes from licensed tradespeople
• Proof of ownership — receipts, photos, or valuations proving you owned the damaged item
• Correspondence — emails or letters to the responsible party requesting compensation
• Police report or incident report — if applicable (e.g. car accident, vandalism)
• Expert report — if the damage is complex (e.g. structural damage, water damage assessment)

Tribunals will not award damages without proof of the cost to repair or replace. Get quotes before you apply.

How to organise and present your evidence

Tribunals receive hundreds of poorly organised applications every week. Members do not have time to sift through unsorted documents.

Label every document clearly. Use descriptive file names: “Invoice_12345_dated_15_Jan_2024.pdf” not “Document1.pdf”.

Number your documents sequentially. Refer to them in your application as “Attachment 1”, “Attachment 2”, etc. This makes it easy for the tribunal member to follow your case.

Create a chronology. List key dates in order: when the contract was signed, when the breach occurred, when you sent the letter of demand. Attach the relevant document to each date.

Highlight key sections. If a contract clause or email is critical to your case, highlight it or mark it clearly. Do not expect the member to find it themselves.

Submit everything in one bundle. Do not drip-feed documents. Lodge all your evidence with your application, or at the first directions hearing if the tribunal allows it.

Keep originals. Bring original documents to the hearing if possible. Tribunals prefer originals over copies, especially for contracts and receipts.

What tribunals will not accept as evidence

Some documents carry no weight in tribunal proceedings.

Unsigned contracts or agreements. If the contract is not signed, the tribunal will treat it as a draft or negotiation, not a binding agreement.

Hearsay. Statements like “my friend told me the landlord said…” are inadmissible. You need direct evidence from the person who said it.

Irrelevant correspondence. Do not submit every email you ever sent. Only include correspondence that proves a key fact or shows you attempted to resolve the dispute.

Unverified screenshots. Screenshots of text messages or social media posts must be clearly dated and show the sender’s details. Cropped or edited screenshots will be rejected.

Your opinion on technical matters. If the dispute involves building defects, electrical faults, or property valuations, you need an expert report. Your personal assessment is not evidence.

How Claim Done helps with your tribunal application

Claim Done’s Tribunal Application drafts your application (for a New South Wales debt, a Local Court statement of claim) and a witness statement from your answers and the documents you describe. You attach your own evidence and lodge the tribunal’s or court’s form yourself.

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. You file what the tribunal asks for and turn up to the hearing with a professionally prepared case.

Flat fee. No subscription. Done in about 5 minutes.

Final checklist before you lodge

Before you submit your tribunal application, check you have:

• Signed contract or agreement — proving what was agreed
• Invoices or receipts — proving what was paid or owed
• Correspondence — proving you attempted to resolve the dispute
• Photos or videos — proving the condition, defect, or damage
• Expert report or quotes — if the dispute involves technical issues
• Letter of demand — proving you gave the other party a chance to settle

If any of these are missing, your application is incomplete. Get the evidence first, then apply.

Start your tribunal application with the right evidence

Australian tribunals do not give second chances. If your evidence is incomplete or poorly presented, you lose. Prepare your tribunal application using Claim Done, then attach your evidence, labelled and in order, so you walk into the hearing with a case the tribunal can actually decide.

Frequently Asked Questions

Can I submit evidence after I lodge my tribunal application?

It depends on the tribunal and the stage of proceedings. Most tribunals allow additional evidence up to a certain date before the hearing, but you must apply for leave to file late evidence. Some tribunals will refuse late evidence if it causes delay or prejudice to the other party. Always lodge all your evidence with your initial application to avoid complications.

Do I need original documents or are copies acceptable?

Tribunals generally accept certified copies, but prefer originals for key documents like signed contracts, receipts, and statutory declarations. Bring originals to the hearing if you have them. If you only have copies, ensure they are clear and legible. Blurry or incomplete copies may be rejected.

What if the other party disputes my evidence?

If the other party disputes your evidence, the tribunal will assess its reliability based on corroborating documents, witness statements, or expert reports. This is why you need multiple pieces of evidence supporting the same fact. A single invoice is stronger when backed by a signed contract, delivery records, and correspondence.

Can I use text messages or social media posts as evidence?

Yes, but they must be properly presented. Take clear screenshots showing the date, time, sender, and full conversation thread. Do not crop or edit the images. Print them or save them as PDFs with the metadata visible. Tribunals regularly accept text messages and social media evidence if it is authentic and relevant.

Do I need a lawyer to prepare my tribunal evidence?

No. Most tribunal applicants are self-represented. You do not need a lawyer, but you do need to organise your evidence properly. Claim Done drafts your tribunal application and a witness statement, so you have a professionally prepared case without paying solicitor fees.