Legal submissions are not evidence. They are your written argument — the document that tells the tribunal member why the evidence supports your case and why you should win.
Most self-represented parties skip them, or submit rambling personal narratives. If you write clear, structured submissions, you immediately stand out.
What Legal Submissions Actually Are
Legal submissions are a structured written argument that:
- Summarise the relevant facts (based on your evidence)
- Identify the applicable law or tribunal rule
- Explain how the law applies to your facts
- State the remedy or order you are seeking
They are not a retelling of your entire story, a rant about unfairness, or a substitute for witness statements. Think of submissions as the final chapter that ties everything together and tells the tribunal member exactly what conclusion to reach.
When to File Legal Submissions
Most tribunals allow written submissions to be filed before the hearing. Check your tribunal’s practice directions or procedural orders — they typically specify:
- The deadline for filing (usually 7-14 days before the hearing)
- The format (Word or PDF, page limits, font size)
- Whether you must serve a copy on the other party
If no deadline is set, file them at least 7 days before the hearing. Tribunal members read submissions in advance to prepare questions and understand your case.
You can also make oral submissions at the hearing, but written submissions do the heavy lifting. Oral submissions should summarise, not repeat.
The Standard Structure for Tribunal Submissions
This structure works across Australian tribunals — NCAT, VCAT, QCAT, SACAT, ACAT, WASAT.
1. Heading and Introduction
Start with a simple heading:
APPLICANT’S WRITTEN SUBMISSIONS [Your Name] v [Respondent Name] Tribunal File No: [XXX]
Then write a one-paragraph introduction:
> These are the applicant’s written submissions for the hearing listed on [date]. The applicant seeks [state the remedy] on the basis that [one-sentence summary of your case].
2. Summary of Facts
List the key facts in numbered paragraphs. Keep it short — 5 to 10 facts maximum. Each fact should reference the evidence that proves it.
Example:
> 1. On 15 March 2024, the applicant paid the respondent $3,500 for kitchen renovation work (Invoice attached as Exhibit A). > > 2. The respondent commenced work on 20 March 2024 but failed to complete the work by the agreed date of 10 April 2024 (Contract attached as Exhibit B). > > 3. The applicant sent a written notice on 15 April 2024 requiring the respondent to complete the work within 7 days (Notice attached as Exhibit C). > > 4. The respondent did not complete the work and has not responded to the notice (Applicant’s witness statement, paragraph 8).
Notice the pattern: fact, then evidence reference. No opinions. No adjectives like “appalling” or “disgraceful.”
3. Applicable Law
Identify the law or rule that governs your dispute. You do not need to quote entire sections — just cite them clearly.
Example for a consumer dispute:
> The Australian Consumer Law provides that services must be rendered with due care and skill. If a service fails to meet this guarantee, the consumer may be entitled to compensation for the reduction in value.
Example for a bond dispute:
> Under the Residential Tenancies Act, the landlord must return the bond within the specified period unless a valid claim is made. The landlord bears the onus of proving any damage caused by the tenant.
If you are not sure which specific provision applies, state the general principle:
> The respondent entered into a binding contract and failed to perform their obligations. The applicant is entitled to damages representing the cost to rectify the defective work.
4. Application of Law to Facts
This is the core of your submissions. Take each legal requirement and show how your evidence satisfies it.
Use numbered headings:
4.1 The respondent failed to render services with due care and skill
> The contract required the respondent to install kitchen cabinets level and square. The photographs (Exhibit D) show that the cabinets are visibly uneven. The independent report by [tradie name] (Exhibit E) confirms that the cabinets do not meet industry standards and must be removed and reinstalled. This constitutes a failure to render services with due care and skill.
4.2 The applicant is entitled to compensation
> The cost to rectify the defective work is $4,200 (Quote attached as Exhibit F). This represents the reduction in value of the service provided.
5. Remedy Sought
State exactly what you want the tribunal to order. Be specific.
Example:
> The applicant seeks an order that: > > 1. The respondent pay the applicant $4,200 within 28 days. > 2. The respondent pay the applicant’s filing fee of $58. > 3. Costs, if the tribunal considers it appropriate.
Do not ask for “whatever the tribunal thinks is fair.” Tell them the number.
6. Conclusion
One paragraph summarising your position:
> For the reasons set out above, the applicant submits that the respondent breached the contract and the applicable consumer guarantees. The applicant is entitled to compensation in the amount of $4,200 plus the filing fee.
Sign and date:
> [Your name] > [Date]
Tone and Style Rules
Write in plain English. Tribunal members want clarity, not jargon.
Use short sentences. One idea per sentence. If a sentence runs over two lines, break it up.
Avoid emotional language. Do not say “the respondent lied” — say “the respondent’s evidence is inconsistent with the documentary evidence.”
Do not repeat yourself. If you have already stated a fact in the summary, reference it rather than restating it in full.
Number your paragraphs. It makes cross-referencing easier during the hearing.
Bold key phrases sparingly. Use bold to highlight the critical point in a paragraph, not entire sentences.
Common Mistakes to Avoid
Submitting a 15-page narrative. Tribunal members will not read it. Aim for 3-6 pages maximum for a standard dispute.
Failing to reference evidence. Every factual assertion must point to a document or witness statement. If you say “the roof was leaking,” tell them which exhibit proves it.
Arguing facts not in evidence. If you did not file a witness statement or document proving something, do not argue it in submissions.
Ignoring the other party’s case. If the respondent filed submissions or evidence, address their key points.
Asking for relief the tribunal cannot grant. Check the tribunal’s jurisdiction. Consumer tribunals typically have monetary limits. Tribunals cannot make family law orders.
Final Checklist Before Filing
Before you file your submissions, check:
- [ ] Every fact is supported by a referenced exhibit or witness statement
- [ ] The applicable law is cited correctly (Act name and general provision)
- [ ] The remedy sought is specific and within the tribunal’s jurisdiction
- [ ] The document is paginated and paragraphs are numbered
- [ ] You have served a copy on the other party (if required)
- [ ] The file size and format comply with the tribunal’s rules
Well-drafted submissions do not guarantee you will win — but they ensure the tribunal member understands your case, takes you seriously, and has a clear path to rule in your favour.
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Frequently Asked Questions
Can I submit handwritten legal submissions to the tribunal?
Most tribunals require typed submissions. Check your tribunal’s practice directions — some smaller tribunals may accept handwritten documents, but typed submissions are always preferred and easier for the tribunal member to read.
How long should my legal submissions be?
Aim for 3-6 pages for a standard tribunal dispute. If your case involves multiple claims or complex facts, you may need 8-10 pages, but anything longer risks being ignored. Tribunal members value clarity over length.
Do I need to cite case law in my tribunal submissions?
Not usually. Tribunals apply legislation and practical reasoning. Cite the relevant Act and general provision — that is typically enough. Only reference a case if it is directly on point and widely known.
What if the other party does not file submissions?
File yours anyway. The tribunal will still read them, and you will have a significant advantage at the hearing. The other party’s failure to file submissions does not mean you can skip yours.
Can I update my submissions after filing them?
You can file amended or supplementary submissions if new evidence arises, but check the tribunal’s rules. Some tribunals require leave to amend. Do not file multiple versions without a good reason — it frustrates tribunal members.
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