How to Draft a Witness Statement for NCAT Without a Solicitor

If you are representing yourself at the NSW Civil and Administrative Tribunal, you will need to file a witness statement. NCAT expects witness statements to follow a specific format. Getting it wrong can weaken your case or cause delays.

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

This guide explains how to draft a witness statement for NCAT without a solicitor — covering the required structure, common mistakes, and how Claim Done can help.

What is a witness statement in NCAT?

A witness statement is a written account of what you (or another witness) saw, heard, or did in relation to the dispute. It is filed before the hearing and becomes part of the evidence NCAT considers.

The statement sets out your version of events in detail. At the hearing, you confirm the statement is true, and the other party can cross-examine you on it.

Key characteristics:

• Written in the first person (“I saw”, “I said”, “I received”)
• Organised chronologically — events in the order they happened
• Supported by documentary evidence where possible
• Signed and dated with a statement of truth
• Filed within the timeframe set by NCAT (typically 7-14 days before the hearing)

NCAT’s format requirements

NCAT does not have a single prescribed form for witness statements, but it expects them to follow standard tribunal practice.

Required elements:

• Heading: “Witness Statement of [Your Full Name]”
• Case details: NCAT case number, parties’ names, division
• Numbered paragraphs: Each paragraph numbered sequentially
• First-person narrative: Write as “I”, not “the applicant” or “the tenant”
• Chronological order: Start from the beginning and move forward in time
• Statement of truth: A declaration at the end confirming the contents are true
• Signature and date: Must be signed in your own hand

Optional but recommended:

• Annexures: Documents referred to in the statement (invoices, emails, photos) should be attached as annexures and referenced by letter (Annexure A, Annexure B, etc.)
• Paragraph cross-references: If you refer to an earlier event, cite the paragraph number

Step-by-step: how to draft your witness statement

1. Start with the heading and case details

At the top of the first page, include:

Witness Statement of [Your Full Name] NCAT Case Number: [e.g., SC 24/12345] Division: [e.g., Consumer and Commercial Division] Applicant: [Name] Respondent: [Name]

2. Introduce yourself

In the first paragraph, state your full name, occupation, and your role in the dispute.

Example:

> 1. My name is Sarah Jane Thompson. I am a graphic designer and the applicant in this matter. I am the former tenant of the property at 12 Smith Street, Newtown New South Wales 2042.

3. Tell the story in chronological order

Start from the beginning. Do not jump around. NCAT members read dozens of statements — make it easy for them to follow.

For each significant event:

• State the date (or approximate date if exact is unknown)
• Describe what happened in plain language
• Refer to supporting documents where relevant

Example:

> 2. On 15 March 2024, I signed a residential tenancy agreement with the respondent for the property at 12 Smith Street, Newtown. A copy of the tenancy agreement is attached as Annexure A. > > 3. I paid a bond of $2,400 and four weeks’ rent in advance on the same day. The bond receipt is attached as Annexure B. > > 4. On 10 April 2024, I noticed a large water stain on the ceiling of the bedroom. I immediately sent an email to the landlord reporting the issue. A copy of that email is attached as Annexure C.

4. Stick to facts, not opinions

Your witness statement should contain what you personally observed, not what you think the law says or what you believe the outcome should be.

Good:

> 5. The landlord did not reply to my email. I sent a follow-up text message on 18 April 2024. A screenshot of that message is attached as Annexure D.

Bad:

> 5. The landlord breached their obligations under the Residential Tenancies Act by failing to carry out repairs in a reasonable time.

Save the legal argument for your submissions. The witness statement is for facts.

5. Refer to documents as annexures

Every time you mention a document, attach it as an annexure and reference it in the statement.

How to format annexures:

• Label them alphabetically: Annexure A, Annexure B, Annexure C
• Print each annexure on a separate page with a cover sheet stating “Annexure A — Tenancy Agreement” (or whatever the document is)
• Reference the annexure in the relevant paragraph

6. End with a statement of truth

At the end of the statement, include a declaration that the contents are true and correct.

Standard wording:

> I, [Your Full Name], make this statement believing the contents to be true and correct.

Then sign and date it.

Common mistakes self-reps make

Writing in the third person

Do not refer to yourself as “the applicant” or “the tenant”. Use “I”.

Wrong:

> The applicant sent an email to the landlord on 10 April 2024.

Right:

> I sent an email to the landlord on 10 April 2024.

Including hearsay without context

You can only give evidence about what you personally saw, heard, or did. If you need to include something someone else told you, make it clear it is hearsay.

Example:

> 12. On 20 May 2024, my neighbour told me that the landlord had been at the property the previous day. I did not see the landlord myself.

Jumping around in time

NCAT members need to understand the sequence of events. Start at the beginning and move forward.

Forgetting to attach documents

If you refer to an email, invoice, or photo in your statement, you must attach it. NCAT will not accept a statement that says “I have an email proving this” without the actual email.

Submitting it late

NCAT typically requires witness statements to be filed 7-14 days before the hearing. If you miss the deadline, you may need to apply for leave to file late — and NCAT may refuse.

Final checklist before filing

Before you file your witness statement with NCAT, check:

• [ ] Case number and party names are correct
• [ ] Every paragraph is numbered
• [ ] Events are in chronological order
• [ ] All documents mentioned are attached as annexures
• [ ] Statement of truth is included
• [ ] Statement is signed and dated
• [ ] Filed within the required timeframe

If you are filing electronically through the NCAT portal, save the statement and all annexures as a single PDF.

How Claim Done helps

For NCAT, Procedural Direction 7 requires a witness statement in your own words. Claim Done’s Witness Statement Outline ($49) gives you the layout and questions to complete yourself. The Hearing Bundle ($129) prepares your chronology, statement of issues, evidence index, position statement and draft orders.

Get your NCAT witness statement outline or prepare your Hearing Bundle.

Frequently Asked Questions

Does NCAT require witness statements to be sworn?

No. NCAT witness statements do not need to be sworn before a JP or solicitor. They must include a statement of truth at the end, signed and dated by the witness.

Can I file a witness statement after the deadline?

You can apply for leave to file late, but NCAT may refuse if the delay prejudices the other party. File on time wherever possible.

What if I do not have documents to support my statement?

You can still file a witness statement based on your recollection of events. However, documentary evidence (emails, invoices, photos) significantly strengthens your case.

Can I include photos and screenshots as annexures?

Yes. Photos, screenshots, and other digital evidence should be printed and attached as annexures, with each one clearly labelled and referenced in the statement.

How long should my NCAT witness statement be?

There is no strict limit, but keep it concise. Most NCAT witness statements are 3-10 pages. Focus on relevant facts and avoid repetition.