How to Write a Witness Statement for an Australian Tribunal

In every Australian tribunal — NCAT, VCAT, QCAT, SAT, SACAT, ACAT, NTCAT, or the Magistrates Court of Tasmania for minor civil claims — a witness statement is the format in which a person’s evidence is presented in writing before they give oral evidence at the hearing. Done well, it shortens the hearing, narrows the dispute, and often prompts the other side to settle. Done badly, it does the opposite.

What a witness statement is (and is not)

A witness statement is a first-person account of facts the witness personally saw, heard, did, or experienced. It is not a legal argument, an opinion piece, a complaint letter, or a recital of what someone else told you (that is hearsay and is treated cautiously by tribunals). It is signed and dated by the witness, and in many tribunals must include a statement of truth confirming the witness believes the contents to be true.

Structure that every tribunal expects

• Heading — the tribunal, file number, and parties
• Witness identification — full name, address (or care-of address), and occupation
• Numbered paragraphs — each paragraph one fact or one short event, chronological where possible
• Direct, dated facts — “On 14 March 2026 I attended…” not “Around March I think I went…”
• Documents referenced and exhibited — “I refer to the invoice dated 14 March 2026 marked Annexure A”
• Statement of truth and signature — the witness’s signature and the date

Common pitfalls

Three errors recur. Editorialising — saying the other party “obviously lied” instead of stating the facts that show inconsistency. Bare hearsay — “Sarah told me she saw him do it” without Sarah herself producing a statement. Missing the documents — referring to a contract, invoice or text message in the body without exhibiting it as an annexure to the statement.

What the document does

A properly drafted witness statement converts memory into reliable evidence. The tribunal member reads it before the witness gives oral evidence; it is the road-map for cross-examination; and it locks in the witness’s account so it cannot drift on the day. For many minor civil disputes, the witness statement plus exhibited documents is the entire evidence-in-chief.

What Claim Done delivers

For a flat fee, Claim Done drafts your Witness Statement (in New South Wales, an outline you complete in your own words) for the tribunal you name — numbered paragraphs, properly exhibited annexures, statement of truth, and signature block. About 15 minutes in the wizard from your raw notes, no solicitor appointment.

What happens after

Most tribunals require witness statements to be filed and served on the other party in advance of the hearing — directions will state the exact deadline. The next document you typically need is a Hearing Bundle: a chronology, statement of issues, evidence index, position statement and draft orders, as separate PDFs.