Unpaid-invoice claims are the bread and butter of every Australian civil tribunal. They are also the easiest to lose by under-preparing — because “the invoice is overdue” is not a proven fact until you have shown the tribunal member the contract, the deliverables, the invoice, the demands, and the silence. Each step needs evidence.
What the tribunal needs to see
To win an unpaid-invoice claim in NCAT, VCAT, QCAT, SAT, SACAT, ACAT, NTCAT or the Magistrates Court of Tasmania, your evidence package needs to prove four things: that there was an agreement (express or implied), that you performed your side, that the agreed amount became payable, and that the respondent has not paid. Each is a separate evidentiary brick.
The evidence checklist
- The contract — written agreement, signed quote, accepted email, or pleaded oral agreement with surrounding documents
- Proof of performance — delivery dockets, completion photos, sign-offs, calendar entries, time sheets
- The invoice itself — with date, ABN, payment terms, and a clear amount
- Communications — emails, text messages and call notes showing the respondent received the work and the invoice
- Reminder and demand — your follow-ups and any Letter of Demand sent before filing
- Bank statement extract — showing the payment did not arrive
- Witness statement — your first-person account, signed, exhibiting all of the above as annexures
Common pitfalls
Three things lose otherwise winnable claims. No written contract or accepted quote — recoverable, but you need text-message evidence the work was requested and accepted. Vague performance evidence — “I did the work” is not proof; dated photographs, sign-off emails, and delivery dockets are. Treating the witness statement as optional — it is the spine that joins all your exhibits into a coherent narrative the member can follow.
What the document does
A Witness Statement is the single document that converts your pile of evidence into a tribunal-ready case. It walks the member through what happened, exhibits each piece of evidence at the right moment, and explains in plain language why each amount is owed. Without it, the tribunal member has to assemble the case for themselves — which they will not do.
What Claim Done delivers
For a flat $79, Claim Done drafts your Witness Statement in the correct tribunal format — numbered paragraphs, properly exhibited annexures, statement of truth, signature block, and a chronology that reads naturally. About 15 minutes in the wizard from your raw documents, no solicitor appointment.
What happens after
The witness statement and exhibits are filed and served on the respondent under directions. The next document you typically need is a Hearing Bundle, which collates everything into one paginated set for the hearing day.