You sent the invoice. They ignored it. You sent a letter of demand. Still nothing. Now you are filing in tribunal, and the first question the Member will ask is: can you prove this debt?
Australian tribunals decide debt claims on evidence, not emotion. If you cannot prove the work was done, the amount is correct, and payment was due, you lose. This guide lists exactly what evidence unpaid invoices tribunal cases require.
The Core Documents Every Tribunal Expects
Tribunals want documents that prove three things: you agreed to do work, you did the work, and the other party has not paid.
Original contract or written agreement If you had a signed contract, bring it. If you agreed via email, print the email chain. Tribunals accept informal agreements, but you need something showing what was agreed.
The invoice itself The actual invoice you sent, showing the amount owed, the date issued, and the payment terms. If you sent multiple invoices or reminders, bring them all.
Proof of delivery Evidence the invoice was sent and received. Email receipts, registered post tracking, or a screenshot of the sent email. If the debtor claims they never got it, this shuts that down.
Evidence the work was completed Photos, delivery dockets, signed job sheets, timesheets, completion certificates. For goods, proof of delivery. For services, proof the hours were worked or the project was finished.
Correspondence chasing payment Every email, text message, or letter where you asked for payment. This shows you tried to resolve it before filing and that the debtor knew about the debt.
Contracts and Agreements — What Counts?
A formal contract is best, but tribunals accept all kinds of agreements. What matters is that you can show the parties agreed on scope, price, and payment terms.
Written contracts A signed service agreement, quote accepted in writing, or purchase order puts you in the strongest position. Bring the original or a clear copy. Highlight the payment terms and scope of work.
Email agreements An email chain where the client says “yes, go ahead” and you confirm the price is a binding contract. Print the entire chain, including the original quote or proposal.
Text message agreements Tribunals accept text messages. Screenshot the conversation showing the agreement to hire you, the price discussed, and confirmation of work starting. Make sure timestamps are visible.
Verbal agreements Harder to prove, but not impossible. You need strong circumstantial evidence: the fact you did the work, the invoice was sent and not disputed, any partial payments made, or witnesses who heard the agreement.
Invoices — What Tribunals Look For
If your invoice is vague, incomplete, or inconsistent with other evidence, the tribunal will question the whole debt.
Clear description of work “Services rendered” is not enough. Describe what was done: “Kitchen renovation — supply and install benchtops, splashback, sink as per quote dated 12 March 2024.” Specific descriptions match back to your contract and proof of work.
Correct amount The amount on the invoice must match what was agreed. If you quoted $5,000 and invoiced $6,500 without explanation, expect questions. Document variations separately.
Payment terms clearly stated “Payment due on receipt,” “Net 30 days,” “Due 14 days from invoice date” — whatever the terms were, they need to be on the invoice. This proves when the debt became overdue.
ABN and business details If you are trading as a business, your ABN should be on the invoice. If you are a sole trader without an ABN, include your full name and contact details.
Date issued The invoice date matters for calculating when payment was due and whether you filed within time limits. Make sure it is clearly visible.
Proof of Work — Showing You Delivered
An invoice means nothing if you cannot prove you did the work. Tribunals want objective evidence.
Photographs Before and after photos for construction, renovation, or repair work. Photos of goods delivered or the finished project. Date-stamped if possible.
Delivery dockets and receipts If you delivered goods, bring the signed delivery docket. If the client refused to sign, bring the unsigned docket and explain why. Courier tracking records work too.
Timesheets and job logs For hourly work, detailed timesheets showing dates, hours worked, and tasks completed. Client sign-off on timesheets strengthens your case.
Completion certificates or sign-offs Any document where the client acknowledged the work was finished. A signed certificate, an email saying “looks good,” or a text message approving the final result.
Witness statements If someone else saw you do the work — a subcontractor, employee, or the client’s own staff — get a brief written statement. It does not need to be formal, just factual.
Correspondence — The Payment Chase
Tribunals want to see that you tried to get paid before filing. Every message you sent chasing payment strengthens your case.
Initial payment reminders The first polite email or text: “Hi, just following up on invoice #1234, due last week.” Shows you gave them a chance to pay without conflict.
Escalation emails The firmer follow-ups: “This invoice is now 30 days overdue. Please arrange payment by Friday or I will have no choice but to take further action.” Shows you warned them.
Letter of demand If you sent a formal demand letter, bring it and proof it was delivered. Most tribunals expect you to have sent a final demand before filing.
Their responses Any reply from the debtor, even if it is an excuse. “I’ll pay you next week” proves they acknowledged the debt. “The work was defective” gives you a chance to respond with evidence it was not.
Partial payment records If they paid part of the invoice, bring bank statements or receipts showing the partial payment. It proves they accepted the debt existed.
What About Disputed Invoices?
If the debtor claims the work was defective, incomplete, or not as agreed, you need evidence to counter that claim.
Inspection reports or expert opinions If they say your work was faulty, get an independent tradie or expert to inspect it and confirm it meets industry standards. A one-page report is enough.
Compliance with standards If your work had to meet Australian Standards or building codes, bring evidence it did. Compliance certificates, engineer sign-offs, or council approvals.
Correspondence showing no complaint during the job If they were happy throughout the project and only complained after you chased payment, that timeline matters. Print emails or texts showing their satisfaction before the dispute started.
Evidence of their use of the work If they are using the goods you supplied or the service you provided, that undermines a claim it was defective. Photos of them using it, or evidence they have not returned goods, helps.
Common Evidence Mistakes to Avoid
Submitting invoices without proof of work An invoice alone is not proof. Tribunals need evidence you earned the money.
Forgetting to prove delivery If the debtor says “I never got the invoice,” and you have no proof you sent it, that creates doubt. Always keep email receipts or tracking records.
Vague descriptions “Labour and materials — $8,000” tells the tribunal nothing. Break it down. Show what materials, how many hours, what was agreed.
No attempt to recover before filing If you filed without sending a demand letter or chasing payment, the tribunal may adjourn and tell you to try that first. Always demand payment in writing before you file.
Inconsistent amounts If your quote says $5,000, your invoice says $6,000, and your tribunal claim says $5,500, the Member will ask why. Make sure all your documents align, or explain variations clearly.
How ClaimDone Prepares Your Evidence
ClaimDone does not just generate tribunal applications — it helps you organise the evidence tribunals actually want to see.
When you use ClaimDone’s tribunal application service, the Proprietary AI Engine reviews your uploaded documents and identifies gaps. It tells you what is missing before you file. If you have the core evidence — contract, invoice, proof of work, correspondence — ClaimDone structures it into a clear, tribunal-ready application that references each piece of evidence exactly where it matters.
For clients who need a complete hearing bundle, ClaimDone offers a hearing bundle upgrade that compiles all your evidence into a professionally indexed, paginated bundle meeting tribunal formatting requirements. Every document is referenced in the application, every exhibit is numbered, and the whole package is ready to file and serve.
Final Checklist Before You File
Before you lodge your tribunal application, confirm you have:
- Original contract, agreement, or email chain showing the deal
- The invoice showing amount, date, payment terms
- Proof the invoice was sent and received
- Evidence the work was completed or goods delivered
- All correspondence chasing payment, including letter of demand
- Any responses from the debtor
- Evidence countering any dispute they raised
- Witness statements if relevant
- Bank records showing partial payments (if any)
If any of these are missing, get them now. Tribunals typically do not give you a second chance to produce evidence you should have brought the first time.
Ready to File?
Unpaid invoice claims succeed when the evidence is clear, complete, and organised. Tribunals are not impressed by thick folders of random documents — they want the essentials, presented logically, with every claim backed by proof.
ClaimDone’s hearing bundle upgrade compiles your evidence into a professionally formatted, tribunal-ready bundle in under 60 minutes. Upload your documents, and the Proprietary AI Engine generates an indexed, paginated bundle that meets tribunal requirements. Flat fee, Australia-wide, no subscription.
Frequently Asked Questions
Can I use text messages as evidence in tribunal?
Yes. Australian tribunals accept text messages as evidence of agreements, correspondence, and admissions. Screenshot the messages with timestamps visible, and include them in your evidence bundle. If the messages show the debtor agreed to the work or acknowledged the debt, they are strong evidence.
What if I don't have a written contract?
You can still prove the agreement through emails, text messages, quotes, invoices, and the fact you did the work. Tribunals accept verbal contracts, but you need circumstantial evidence showing what was agreed. If the debtor never disputed the invoice when you sent it, that helps prove the agreement existed.
Do I need a lawyer to prepare my evidence?
No. Most tribunal claimants represent themselves. What you need is organised evidence that proves your claim. ClaimDone helps you structure your documents into a tribunal-ready application without needing a lawyer. For complex or high-value claims, consider getting legal advice.
How do I prove I sent the invoice if I only emailed it?
Check your sent emails folder and take a screenshot showing the email was sent, including the date, recipient, and subject line. If you use accounting software like Xero or MYOB, it may have a record of when the invoice was emailed. Email delivery is generally accepted as proof unless the debtor has strong evidence they never received it.
What if the debtor claims the work was defective?
You need evidence countering that claim: photos showing the work was completed properly, compliance certificates, an independent inspection report, or correspondence showing they were satisfied during the job. If they used the goods or service without complaint until you chased payment, that timeline weakens their dispute.
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