How to Write Legal Submissions for a Tribunal Hearing in New South Wales

If you have a tribunal hearing coming up in New South Wales — whether at NCAT, the Local Court small claims division, or another tribunal — written submissions are often the most important document you will file. They tell the tribunal what orders you want, why the law supports you, and where the evidence proves your case.

Tribunal members read dozens of submissions every week. The ones that help are clear, structured, and easy to follow. The ones that fail are rambling, emotional, or missing the evidence references entirely.

What Are Legal Submissions?

Legal submissions are a written document filed before (or sometimes during) a tribunal hearing. They set out:

• The facts of your case
• The evidence that supports those facts
• The law that applies
• The orders you are asking the tribunal to make

Submissions are not evidence. They are your argument about what the evidence shows and how the law applies to it. The tribunal member will read your submissions alongside the evidence bundle, witness statements, and any other material filed.

In New South Wales, most tribunals require submissions 7 days before the hearing unless the tribunal directs otherwise. Check your tribunal’s practice notes or directions.

The Standard Structure for Tribunal Submissions

Tribunal submissions follow a predictable structure. Use it. Tribunal members expect to see this layout, and it makes your case easier to follow.

1. Heading and Parties

Start with the tribunal name, matter number, and parties. Example:

NEW SOUTH WALES CIVIL AND ADMINISTRATIVE TRIBUNAL Consumer and Commercial Division Matter No: GEN 24/12345

APPLICANT SUBMISSIONS

Between: John Smith (Applicant) and ABC Builders Pty Ltd (Respondent)

2. Introduction

One or two paragraphs summarising what the case is about and what orders you seek.

Example: “The Applicant seeks orders for the Respondent to pay $8,500 for defective building work carried out at the Applicant’s residential property in March 2024. The Respondent failed to rectify the defects after receiving a notice to remedy breach on 15 April 2024. The Applicant has incurred $8,500 in rectification costs, supported by invoices and an independent building report.”

3. Facts

Set out the chronology of what happened. Use numbered paragraphs. Reference the evidence for every factual assertion.

Example:

1. On 10 January 2024, the Applicant and Respondent entered into a written contract for kitchen renovation works (Exhibit A).
2. The Respondent commenced work on 1 March 2024 and completed work on 20 March 2024 (Exhibit B — completion certificate).
3. On 25 March 2024, the Applicant identified significant defects including water damage under the sink and misaligned cabinetry (Exhibit C — photographs).
4. The Applicant engaged an independent building inspector who prepared a defect report on 5 April 2024 (Exhibit D).
5. The Applicant served a notice to remedy breach on 15 April 2024, giving the Respondent 14 days to rectify (Exhibit E).
6. The Respondent did not respond or attend the property.
7. The Applicant engaged another builder to rectify the defects at a cost of $8,500 (Exhibit F — invoice and payment receipt).

Notice the pattern: fact, then evidence reference in brackets. This makes it easy for the tribunal member to verify every claim.

4. Law

Cite the applicable legislation. You do not need to quote entire sections — summarise the rule and cite the source.

For consumer disputes, the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) is often the starting point. For building disputes, the Home Building Act 1989 (New South Wales) and the Design and Building Practitioners Act 2020 (New South Wales) may apply, depending on the work type and contract value.

Example:

“Under the Australian Consumer Law, services must be rendered with due care and skill. The defects identified in the independent report (Exhibit D) demonstrate a breach of this statutory guarantee. The Respondent’s failure to rectify after being given notice entitles the Applicant to recover the reasonable cost of rectification.”

If there is a relevant NCAT or court decision that supports your position, you can cite it — but only if you are confident it is on point.

5. Application of Law to Facts

Connect the law to your evidence. Walk the tribunal member through why the facts you have proven satisfy the legal test.

Example:

“The evidence establishes that the Respondent breached the statutory guarantee. The independent building report (Exhibit D) identifies defects that would not have occurred if the work had been carried out with due care and skill. The Applicant gave the Respondent a reasonable opportunity to rectify (Exhibit E), which the Respondent ignored. The Applicant has therefore incurred the reasonable cost of rectification, which is $8,500 (Exhibit F). This is the amount the Tribunal should order the Respondent to pay.”

6. Orders Sought

List the specific orders you want the tribunal to make. Be precise.

Example:

The Applicant seeks the following orders:

1. The Respondent pay the Applicant $8,500.
2. The Respondent pay the Applicant’s filing fee of $108.
3. Interest on the judgment sum at the rate prescribed under the Civil Procedure Act 2005 (New South Wales).

7. Conclusion

One short paragraph restating your position.

Example:

“For the reasons set out above, the Applicant respectfully requests that the Tribunal make the orders sought.”

Then sign and date the document.

Tone and Style

Write in plain Australian English. Tribunal members appreciate clarity over complexity.

Do:

• Use short sentences
• Use numbered paragraphs
• Reference every exhibit
• Stick to the facts and the law

Do not:

• Use emotional language (“I was devastated”)
• Make personal attacks on the other party
• Repeat the same point in multiple sections
• Include irrelevant background

Common Mistakes

No evidence references. Every factual claim must point to an exhibit, witness statement, or document. If you say “the respondent agreed to pay,” cite the contract or email.

Quoting entire statutes. Summarise the legal rule. The tribunal member knows the legislation.

Arguing in the facts section. The facts section is neutral. Save the argument for the “application of law to facts” section.

Filing late. Most tribunals require submissions 7 days before the hearing. Late submissions may not be read or may result in an adjournment at your cost.

No orders sought. Always include a clear list of the orders you want. The tribunal cannot grant relief you have not asked for.

Final Checklist Before Filing

Before you file your legal submissions with NCAT or another New South Wales tribunal, check:

• [ ] Heading includes tribunal name, matter number, and parties
• [ ] Introduction states what orders you seek
• [ ] Facts section uses numbered paragraphs with exhibit references
• [ ] Law section cites the applicable legislation
• [ ] Application section connects the law to your evidence
• [ ] Orders sought are listed clearly
• [ ] Document is signed and dated
• [ ] Filed within the tribunal’s deadline (usually 7 days before hearing)
• [ ] Copy served on the other party

How Claim Done Helps

If you are preparing for a tribunal hearing in New South Wales and need written submissions drafted quickly, Claim Done’s Legal Submissions service generates a structured, evidence-referenced submission based on the documents and facts you describe. Our Programmatic Algorithms apply the relevant Australian law, format the submission properly, and deliver it in about 5 minutes.

You get a PDF to check and file yourself, with references to your exhibits. Flat fee of $49, no subscription, Australia-wide. Tell us what evidence you have, answer a few questions, and get submissions that follow the format this guide describes.

Frequently Asked Questions

Do I need to file written submissions for every NCAT hearing?

Not always. For small, straightforward matters, the tribunal may not require written submissions. However, for disputes involving more than $10,000, complex facts, or legal arguments, written submissions are usually expected. Check the tribunal’s directions or practice notes for your division.

Can I file legal submissions on the day of the hearing?

You can, but it is not recommended. Most New South Wales tribunals require submissions at least 7 days before the hearing so the tribunal member and the other party have time to read them. Late submissions may not be considered, or the hearing may be adjourned at your cost.

How long should tribunal submissions be?

For most NCAT matters, 3 to 8 pages is standard. The tribunal wants clarity, not length. If your case is straightforward, 3 pages may be enough. If it involves multiple legal issues or a large volume of evidence, 8 to 10 pages may be appropriate. Avoid unnecessary repetition.

Do I need to cite case law in my submissions?

Not necessarily. For most consumer, tenancy, or small building disputes, citing the applicable statute is sufficient. Only cite case law if there is a specific legal principle or interpretation that directly supports your position — and only if you are confident the case says what you think it says.

What happens if the other party does not file submissions?

The tribunal will still proceed. If the other party does not file written submissions, the tribunal member will rely on your submissions and any oral submissions made at the hearing. This can work in your favour, as your version of the facts and law may be the only structured argument the tribunal considers.