How to Prepare Evidence for NCAT Small Claims Hearing

You have lodged your NCAT application. Your hearing date is set. Now comes the part that decides most cases: preparing your evidence.

For the forms, fees and each step, see our guide to making an NCAT application.

NCAT small claims hearings are informal, but the evidence rules are not. Turn up without properly organised documents and you will likely lose, even if you are right.

What NCAT Considers Evidence

NCAT accepts several types of evidence in small claims matters:

Documents — contracts, invoices, receipts, emails, text messages, letters, bank statements, photos, inspection reports, quotes, repair invoices, lease agreements, strata by-laws, council notices.

Witness statements — written statements from people who saw or heard something relevant. Must be signed and dated. Must include the person’s full name and address.

Expert reports — building inspectors, valuers, mechanics, accountants. Must be from a qualified professional with credentials and basis for opinion stated.

Physical items — damaged goods, defective products, samples. Must be brought to the hearing. Tribunal may refuse bulky or hazardous items.

Audio and video — recordings of conversations, CCTV footage, dashcam video. Must be provided on USB in a standard format (MP4, MP3). Must be clearly labelled with date and time.

NCAT typically does not accept hearsay unless it falls within an exception. Your friend must provide a signed statement or attend the hearing to give oral evidence.

NCAT Evidence Format Requirements

All documents must be:

• Legible — clear photocopies or high-resolution scans, not blurry phone photos
• Paginated — every page numbered consecutively
• Indexed — a contents page listing each document and its page number
• Organised chronologically — earliest documents first, unless grouping by type makes more sense
• Bound or clipped — loose pages will typically be rejected

Text messages and emails must be:

• Printed as screenshots showing the full conversation thread
• Date and time stamps visible on every page
• Sender and recipient clearly identified — include phone numbers or email addresses
• Highlighted if lengthy — mark the relevant passages

Photos must be:

• Printed in colour if colour is relevant (mould, damage, defects)
• Labelled with date taken and what they depict
• Clear and well-lit — blurry or dark photos prove nothing

Audio and video must be:

• Provided on USB in MP4 or MP3 format
• Labelled with date, time, location and who is speaking
• Accompanied by a transcript if the audio is unclear or lengthy

How to Organise Your NCAT Hearing Bundle

A hearing bundle is the complete set of evidence you intend to rely on. NCAT expects it organised like this:

Cover Sheet

Include your name, the other party’s name, the NCAT file number, and the hearing date.

Index

List every document in the bundle with its page number:

• Application form — pages 1-3
• Contract dated 12 March 2024 — pages 4-7
• Invoice 1001 dated 15 April 2024 — page 8
• Email correspondence — pages 9-14
• Photos of damage — pages 15-18
• Witness statement of John Smith — pages 19-20

Documents in Order

Arrange documents chronologically or by category. Group multiple invoices together. Keep long email chains together rather than splitting them.

Witness Statements

Each statement must include:

• Full name and address of the witness
• A heading: “Statement of [name] in the matter of [your name] v [other party]”
• Numbered paragraphs
• A declaration: “This statement is true and correct to the best of my knowledge”
• Signature and date

Expert Reports

Must be on letterhead, include the expert’s qualifications, and state the factual basis for their opinion. The expert must be available to attend the hearing if required.

Physical Evidence

If you are bringing damaged goods or defective products, take photos and include them in your bundle. Bring the actual item only if it is small and safe.

NCAT Lodgement Deadlines

You must serve your evidence on the other party at least 7 days before the hearing. Serve means deliver by email, post, or hand. Keep proof of service (a sent email, registered post receipt, or statutory declaration).

You must lodge your evidence with NCAT at least 2 business days before the hearing. Lodge online via the NCAT portal or in person at an NCAT registry.

Miss these deadlines and NCAT may refuse to admit your evidence.

What NCAT Will Reject

NCAT will typically reject evidence that is:

• Not served on the other party in advance
• Illegible or incomplete — blurry photos, missing pages, unreadable handwriting
• Not paginated or indexed — loose papers handed to the tribunal at the hearing
• Hearsay without a proper statement
• Irrelevant — evidence that does not prove or disprove a fact in dispute

NCAT will also reject evidence obtained illegally, such as recordings made without consent where that is unlawful.

Common NCAT Evidence Mistakes

Leaving it until the last minute. Preparing a hearing bundle takes longer than you think. Start at least two weeks before the hearing date.

Not serving the other party. If the other party has not seen your evidence, NCAT will not look at it.

Bringing evidence to the hearing without lodging it. NCAT expects evidence lodged in advance. Turning up with a folder of documents on the day will not work.

Relying on oral evidence alone. The tribunal needs documents to corroborate your version. Oral evidence without supporting documents rarely succeeds.

Including irrelevant material. A 50-page bundle where only 5 pages matter will frustrate the tribunal. Edit ruthlessly.

How Claim Done Helps

If you used Claim Done to prepare your NCAT application, you already have a head start. Your application includes a summary of the facts, the legal basis for your claim, and a draft witness statement.

To complete your hearing bundle:

1. Gather all supporting documents — contracts, invoices, receipts, emails, photos
2. Organise them chronologically and paginate every page
3. Prepare an index listing each document and its page number
4. Add witness statements from anyone who can support your case
5. Serve the bundle on the other party at least 7 days before the hearing
6. Lodge the bundle with NCAT at least 2 business days before the hearing

NCAT hearings are informal, but the evidence rules are strict.

Final Checklist Before Lodgement

Before you lodge your hearing bundle with NCAT, check:

• [ ] Every page is numbered consecutively
• [ ] There is an index listing each document and its page number
• [ ] All documents are legible and in colour where relevant
• [ ] Text messages and emails show date, time, sender, and recipient
• [ ] Photos are labelled with the date taken and what they depict
• [ ] Witness statements are signed, dated, and include the witness’s full name and address
• [ ] You have served the bundle on the other party at least 7 days before the hearing
• [ ] You have kept proof of service
• [ ] You are lodging at least 2 business days before the hearing date

If you can tick every box, your bundle meets NCAT evidence requirements.

Get Your Hearing Bundle Right

A properly prepared hearing bundle is the difference between winning and losing at NCAT. The tribunal will not accept ambush evidence, illegible documents, or material that has not been served on the other party.

If you need help preparing your tribunal application or generating a witness statement, Claim Done can help. Tell us what evidence you have, answer a few questions, and get your documents drafted for you to check and lodge. Fixed fee, fast turnaround, Australia-wide.

For straightforward matters, start with a letter of demand before lodging your tribunal application. Many disputes settle once the other party sees you are serious.

Frequently Asked Questions

Can I bring new evidence to the NCAT hearing on the day?

No. NCAT expects all evidence to be served on the other party at least 7 days before the hearing and lodged with the tribunal at least 2 business days before. If you try to introduce evidence at the hearing that the other party has not seen, the tribunal will likely refuse to admit it.

What happens if I miss the NCAT evidence lodgement deadline?

NCAT may refuse to admit your evidence, or adjourn the hearing and order you to pay the other party’s costs. If you know you will miss the deadline, apply to NCAT for an extension before the deadline passes. Do not just turn up on the day and hope for leniency.

Do I need an expert report for a small claims matter?

Not always. If your claim involves a technical issue — defective building work, faulty electrical installation, car repairs — an expert report strengthens your case. If your claim is straightforward (unpaid invoice, rental bond dispute), invoices and receipts are usually enough.

Can I use text messages as evidence at NCAT?

Yes, but they must be printed as screenshots showing the full conversation thread, with date and time stamps visible. Include the phone numbers so the tribunal can verify who sent each message. Highlight the relevant passages if the thread is lengthy.

How many copies of my hearing bundle do I need?

One copy for NCAT (lodged in advance), one copy for the other party (served at least 7 days before the hearing), and one copy for yourself to refer to during the hearing. If there are multiple respondents, serve a copy on each one.