Written submissions tell the tribunal what happened, what law applies, and what you want them to order. Most Australian tribunals encourage self-represented parties to file them, and many prefer structured written arguments to oral presentations.
This guide explains how to write legal submissions using the format tribunals actually expect.
What are legal submissions?
Legal submissions are a written argument filed with the tribunal before or during your hearing. They set out:
- The facts you rely on
- The evidence that proves those facts
- The law or tribunal rules that apply
- The orders you are asking the tribunal to make
Submissions are not evidence. They are your interpretation of the evidence and how it connects to the law.
When to file written submissions
Most tribunals allow or require written submissions at specific stages:
- Before the hearing — typically 7-14 days prior, as directed by the tribunal
- At the hearing — hand up a printed copy on the day if no pre-filing was required
- After the hearing — if the tribunal asks for further submissions on a specific issue
Check your tribunal’s practice notes or directions. VCAT, NCAT, QCAT, and SACAT all publish filing deadlines on their websites. Missing the deadline can mean your submissions are not considered.
Structure of tribunal submissions
Tribunal submissions follow a standard structure. Use this format unless the tribunal directs otherwise.
Heading block
Start with a formal heading:
IN THE [TRIBUNAL NAME] [DIVISION OR LIST] [CASE NUMBER]
BETWEEN:
[Your name] — Applicant and [Other party’s name] — Respondent
APPLICANT’S WRITTEN SUBMISSIONS
Introduction (1-2 paragraphs)
State what the case is about and what you are asking the tribunal to do.
Example:
“This is an application for orders requiring the respondent to refund $3,200 paid for defective kitchen benchtops. The applicant relies on breaches of consumer guarantee provisions. The applicant seeks a full refund and reimbursement of tribunal filing fees.”
Background / Facts (numbered paragraphs)
Set out the key facts in chronological order. Use numbered paragraphs. Cite the evidence in square brackets after each fact.
Example:
- On 15 March 2024, the applicant engaged the respondent to supply and install stone benchtops for $3,200 [Contract, Exhibit A].
- The benchtops were installed on 10 April 2024 [Invoice, Exhibit B].
- Within two weeks, visible cracks appeared along the sink cutout [Photos, Exhibit C].
- The applicant notified the respondent by email on 28 April 2024 [Email chain, Exhibit D].
- The respondent inspected on 5 May 2024 but refused to repair or refund [Respondent’s email, Exhibit D].
Do not argue here. Just state what happened and point to the evidence.
Legal principles
Identify the law or tribunal rules that apply. Cite the section numbers. Explain what each section requires in plain language.
Example:
“Under the Australian Consumer Law, goods must be of acceptable quality and fit for purpose. The benchtops supplied were not of acceptable quality because they cracked within two weeks of installation, rendering them unfit for ordinary kitchen use.”
You do not need to quote entire sections. Paraphrase the relevant part and cite the section number.
Application of law to facts
Connect the facts to the law. Explain why the evidence proves your case.
Example:
“The cracks visible in Exhibit C demonstrate that the benchtops were not of acceptable quality. A reasonable consumer would not expect stone benchtops to crack within two weeks of installation. The respondent’s own inspection (Exhibit D) confirms the cracks exist but provides no explanation for their cause.”
Be specific. Reference exhibit letters or paragraph numbers from your statement.
Orders sought
List exactly what you want the tribunal to order. Use numbered points.
Example:
“The applicant seeks the following orders:
- The respondent pay the applicant $3,200 within 28 days.
- The respondent pay the applicant’s tribunal filing fee of $68.20.
- Costs, if the tribunal considers it appropriate.”
Do not ask for things the tribunal has no power to grant. Most tribunals cannot award general damages or legal costs unless the case involves unconscionable conduct or vexatious behaviour.
Signature block
Sign and date your submissions.
[Your name] Applicant [Date]
How to cite evidence properly
Every factual claim in your submissions must point to evidence. Use a consistent citation format.
Exhibits: [Exhibit A], [Exhibit B], [Photo 1], [Invoice dated 10/4/24]
Witness statements: [Applicant’s statement, para 12], [Smith affidavit, para 5]
Tribunal documents: [Application filed 15/5/24], [Respondent’s response, page 3]
If you reference a specific email, photo, or document, make sure it is actually in your evidence bundle and clearly labelled.
What tribunals want to see
Tribunal members read dozens of submissions. They want clarity and brevity.
Do:
- Use numbered paragraphs
- Cite evidence after every factual statement
- Keep sentences short
- Use headings to break up sections
- State the law you rely on with section numbers
- Ask for specific, realistic orders
Do not:
- Write an emotional narrative
- Repeat the same point multiple ways
- Cite irrelevant law or cases you found online
- Attach new evidence to your submissions (evidence goes in your statement or affidavit)
- Exceed any page limit set by the tribunal
Most tribunals prefer submissions under 10 pages. If your case is simple, 3-5 pages is often enough.
Common mistakes to avoid
Confusing submissions with evidence
Your submissions argue the case. Your witness statement or affidavit is the evidence. Do not repeat your entire story in the submissions. Summarise the key facts and cite where the full version appears in your statement.
Overusing legal jargon
Write clearly. The tribunal member will understand “the respondent breached the contract” just as well as “the respondent engaged in conduct constituting a material breach of the contractual obligations arising under clause 4.2.”
Ignoring the other side’s case
If the respondent filed a response or their own submissions, address their key arguments. A short paragraph responding to their main points shows the tribunal you have considered both sides.
Asking for things the tribunal cannot order
Tribunals have limited jurisdiction. Check the tribunal’s enabling legislation or ask the registry what orders are available before filing.
How ClaimDone helps with tribunal submissions
ClaimDone’s Legal Submissions service generates a structured, tribunal-ready submission based on the evidence you upload. You complete a short intake form about your case. Our Proprietary AI Engine reads your documents, identifies the applicable law, and drafts a submission citing your evidence correctly.
You receive a Word document formatted in the standard tribunal structure. You can edit it, add detail, and file it yourself.
The service costs $197 and delivers in 60 minutes. It works for VCAT, NCAT, QCAT, SACAT, and other Australian tribunals.
If your case is complex, high-value, or involves disputed facts that require cross-examination, consider instructing a lawyer. ClaimDone is designed for straightforward matters where you know what happened and need help presenting it clearly.
Final checklist before filing
Before you file your submissions, check:
- [ ] Heading block includes tribunal name, case number, and party names
- [ ] Facts are in numbered paragraphs with evidence cited
- [ ] Legal principles section cites the correct legislation
- [ ] Orders sought are specific and realistic
- [ ] Submissions are under any page limit
- [ ] You have signed and dated the document
- [ ] You have filed within the tribunal’s deadline
- [ ] You have served a copy on the other party (if required)
Most tribunals require you to serve your submissions on the other party at the same time you file them. Check the tribunal’s rules or your directions hearing orders.
What happens after you file
The tribunal member will read your submissions before the hearing. They may ask questions about specific points. Be ready to explain your argument orally if needed.
If the other party files submissions in response, read them carefully. You may be allowed to file a short reply, but only if the tribunal grants leave.
Written submissions do not replace oral argument. You will still attend the hearing. But well-drafted submissions mean the tribunal member already understands your case before you walk in.
Get your tribunal submissions prepared now
If you need written submissions for an upcoming tribunal hearing, ClaimDone can prepare them in 60 minutes. Upload your evidence, answer a few questions about your case, and receive a professionally structured document ready to file. The AI-generated tribunal submissions service costs $197 and works for all major Australian tribunals.
Frequently Asked Questions
Do I need to file written submissions for every tribunal hearing?
Not always. Some tribunals only require submissions for complex matters or if the tribunal specifically directs you to file them. Check your directions hearing orders or the tribunal’s practice notes. Even if not required, written submissions can help clarify your case.
Can I file submissions after the hearing?
Only if the tribunal asks you to. Most tribunals set a deadline before the hearing. Filing late submissions without permission may result in them being rejected. If you miss the deadline, contact the tribunal registry immediately and explain why.
How long should tribunal submissions be?
Most tribunals prefer submissions under 10 pages. For straightforward consumer or tenancy disputes, 3-5 pages is often sufficient. If the tribunal sets a page limit in the directions, do not exceed it.
Do I need to cite court cases in my submissions?
Not usually. Tribunals apply legislation and their own rules. Cite the relevant Act and section numbers. Only reference a court case if it directly interprets the section you rely on, and only if you are confident it is current law.
What if the other party does not file submissions?
File yours anyway. The tribunal will consider your submissions even if the other party does not respond in writing. Their failure to file may weaken their case, but you still need to prove your case with evidence.
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