How to Prepare Evidence for NCAT Without Spending a Fortune

You’ve filed your NCAT application or you’re defending one. The hearing date is set. Now comes the part that decides whether you win or lose: preparing your evidence.

NCAT is designed for ordinary Australians to represent themselves. But you do need to present your evidence properly — organised, indexed, and supported by the right documents. This guide shows you exactly how.

What NCAT Expects

NCAT members deal with hundreds of cases. They want:

• Documentary evidence — contracts, invoices, receipts, photos, emails, text messages
• Chronological order — events presented in sequence
• Clear indexing — numbered pages, tabbed sections, easy to navigate
• Witness statements — written accounts from people who saw what happened
• Relevance — only material that directly supports your case

Turn up with a shopping bag full of random papers and you’ve lost credibility. Hand over a clean, indexed bundle with supporting witness statements and you’re taken seriously from the start.

Gather Every Relevant Document

Collect everything related to your dispute. Cast the net wide at this stage — you’ll filter later.

Contracts and agreements:

• Written contracts, quotes, proposals
• Terms and conditions
• Email confirmations of verbal agreements
• Text messages confirming what was agreed

Financial records:

• Invoices sent or received
• Receipts for payments
• Bank statements showing transfers
• Payment plan agreements

Correspondence:

• Emails between you and the other party
• Text messages (screenshot them properly)
• Letters sent by post (keep the envelope if it shows the date)

Photos and videos:

• Damage to property
• Defective goods
• Before and after shots
• Timestamped where possible

Official documents:

• Building permits or inspection reports
• Strata notices or by-laws
• Fair Trading complaints
• Police reports if applicable

Your own records:

• Diary entries made at the time
• Notes from phone calls (date, time, who you spoke to)
• Logs of when you tried to resolve the issue

Save everything digitally. Scan physical documents. Back it all up. You’ll need both digital and printed copies.

Organise Chronologically

NCAT wants to see the story unfold in order. Arrange your documents by date, starting from the earliest relevant event.

Create a simple timeline:

• When did you first engage with the other party?
• When was the contract signed or agreement made?
• When did the problem occur?
• When did you first complain?
• What happened after that?

Group your documents into sections based on this timeline:

Section 1: The Agreement

• Contract, quote, or terms
• Initial correspondence
• Proof of payment

Section 2: The Work or Transaction

• Invoices for work done
• Photos of work in progress
• Delivery receipts or confirmation emails

Section 3: The Problem

• Photos of defects or damage
• Emails or texts reporting the issue
• Expert reports if you obtained one

Section 4: Attempts to Resolve

• Your complaint letters or emails
• Their responses or lack of response
• Any settlement offers made
• Evidence you gave them a chance to fix it

Section 5: The Claim

• Your NCAT application
• Their response if they filed one
• Any directions or orders from NCAT

Create an Index and Number Every Page

Number every single page in the bottom right corner. Start at page 1 and go through to the end.

Create an index at the front listing section name, document description, and page numbers.

Example:

Index of Evidence

Print this index and put it at the front of your bundle. The NCAT member can now find any document in seconds.

Prepare Witness Statements

A witness statement is a written account from someone who saw or heard something relevant. It carries more weight than you simply saying what happened.

Who can be a witness:

• Someone present when the agreement was made
• Someone who saw the defective work
• An expert (tradie, valuer, building inspector)
• A neighbour who witnessed the damage
• A customer who experienced the same issue

How to format a witness statement:

Start with their details:

• Full name
• Address
• Occupation
• Relationship to you

Write in first person, chronologically:

“My name is Sarah Chen. I live at 12 Smith Street, Parramatta NSW 2150. I am a qualified electrician and have been licensed for 8 years.

On 14 April 2024, I attended 45 Jones Road, Penrith at the request of the applicant. I inspected the electrical work completed by the respondent. I observed the following defects…”

End with: “This statement is true and correct to the best of my knowledge and belief.”

Signature, printed name, date.

If the witness is willing to attend the hearing, note that. If not, the statement can still be used, though it’s stronger if they’re there to be questioned.

Use Tabs or Dividers

If your bundle is more than 20 pages, use physical dividers between sections. You can buy these from Officeworks for a few dollars.

Label each tab clearly:

• Tab 1: Agreement
• Tab 2: Work Performed
• Tab 3: The Problem
• Tab 4: Correspondence
• Tab 5: Witness Statements

This makes it easy for the NCAT member to flip to the section they need during the hearing.

Print and Bind Your Bundle

NCAT typically requires three copies of your evidence bundle:

• One for the NCAT member
• One for the other party
• One for you

Print double-sided to save paper. Use a simple ring binder or comb binding (Officeworks will do this for around $5 per bundle). Do not use staples for thick bundles.

Deliver your bundles by the date in NCAT’s directions.

Send one copy to the other party by email and post (keep proof of sending). Lodge the member’s copy with NCAT as directed. Keep your copy in pristine condition for the hearing.

Prepare Your Oral Evidence

Your bundle is your foundation. You’ll also need to explain it clearly on the day.

Practice your opening: “Member, I’ve prepared a bundle of evidence which has been provided to the respondent and filed with the tribunal. The index is at page 1. I’d like to take you through the key documents.”

Know your page numbers: When the member asks a question, you should be able to say, “That’s addressed in the email at page 17, Member.”

Don’t read slabs of text. Summarise and point to the document. The member can read faster than you can speak.

Stay calm. If the other party disputes something, don’t argue. Say, “Member, the evidence is at page 23. I’ll let the tribunal decide.”

Common Mistakes to Avoid

Including irrelevant material. Only include what directly proves your case.

Poor quality photos. If the photo is blurry or doesn’t show the defect clearly, it’s useless. Retake it if you can. If you can’t, get a witness statement describing what they saw.

No dates on documents. If an email doesn’t show the date, add a note: “Email from respondent received 3 June 2024.”

Forgetting to number pages. This makes you look disorganised and wastes the member’s time.

Leaving it to the last minute. Printing and binding three copies of an 80-page bundle takes time. Start early.

How Claim Done Helps

If you’ve gathered your evidence but need help with the written documents that go with it, Claim Done’s Hearing Bundle Upgrade drafts them for you.

You answer the questions. Our Programmatic Algorithms draft five separate A4 PDFs: a chronology, a statement of issues, an evidence index, a position statement and draft orders. The evidence index lists your documents so you can put your own copies in order. You number, print and bind three copies of your bundle yourself.

Each witness writes their own statement. At NCAT, a statement should contain and reflect the witness’s own knowledge (NCAT Procedural Direction 7).

Flat fee. No hourly billing. Fast turnaround.

Final Checklist Before You File

Before you submit your evidence bundle:

• [ ] All documents are in chronological order
• [ ] Every page is numbered
• [ ] Index is at the front and accurate
• [ ] Witness statements are signed and dated
• [ ] Three copies printed and bound
• [ ] One copy sent to the other party (proof of sending kept)
• [ ] Member’s copy lodged with NCAT by the deadline
• [ ] Your copy is clean and ready for the hearing

Tick every box and you’ve prepared evidence for NCAT properly. Walk into that hearing room with confidence.

Ready to prepare your hearing bundle? Claim Done’s Hearing Bundle Upgrade drafts your chronology, statement of issues, evidence index, position statement and draft orders as five separate PDFs. You put your own documents in order and file them yourself.

Frequently Asked Questions

Do I need a lawyer to prepare evidence for NCAT?

No. NCAT is designed for self-representation. You can prepare a professional evidence bundle yourself by organising documents chronologically, numbering pages, creating an index, and including witness statements. If you want the chronology, evidence index and other hearing documents drafted for you, Claim Done’s Hearing Bundle Upgrade can assist.

How many copies of my evidence bundle do I need?

Typically three copies: one for the NCAT member, one for the other party, and one for yourself. Give the other party their copy by the date in NCAT’s directions for your case.

Can I submit evidence on the day of the hearing?

If NCAT has made directions for the exchange of evidence, follow the dates in them. Otherwise, bring copies of your documents to the hearing to give to the other party and to NCAT.

What if I don't have a written contract?

You can still prove an agreement existed through emails, text messages, quotes, invoices, or witness statements from people who heard the agreement being made. NCAT recognises verbal contracts — you just need evidence that shows what was agreed and when.

Do witness statements need to be sworn or notarised?

Not typically for NCAT. A signed and dated witness statement is usually sufficient. However, if the witness can attend the hearing to be questioned, their evidence carries more weight. If they can’t attend, the statement can still be used, but the other party may object to it.