How to Prepare Evidence for NCAT Hearing: A Step-by-Step Checklist

NCAT decides cases based on evidence. If your documents are disorganised, incomplete, or submitted late, the tribunal member cannot consider them.

This guide shows you exactly how to prepare evidence for an NCAT hearing, from gathering documents to tabbing and indexing them for submission.

What counts as evidence at NCAT

NCAT accepts several types of evidence:

• Documents — contracts, invoices, emails, text messages, photos, bank statements, quotes, receipts
• Witness statements — written statements from people who saw or experienced what happened
• Expert reports — building reports, medical reports, valuation reports (where relevant)
• Physical evidence — defective goods, samples (rare, but allowed in some cases)

Most NCAT matters are decided on documents and witness statements. The tribunal member reads your evidence bundle before the hearing, so clarity matters.

Step 1: Identify what evidence you need

List every fact you need to prove. For each fact, identify the document that proves it.

Example — unpaid bond dispute:

• Fact: I paid a $2,000 bond → Evidence: bank statement showing the transfer
• Fact: I gave 21 days’ notice → Evidence: email or text to the landlord
• Fact: The property was clean when I left → Evidence: photos taken on vacate day, exit inspection report
• Fact: The landlord claimed damage that did not exist → Evidence: entry condition report showing the same marks were there at move-in

If you cannot prove a fact, the tribunal may not accept it. Gather everything now — you typically cannot submit new evidence after the deadline without permission.

Step 2: Gather your documents

Collect every relevant document:

• Contracts and agreements — the lease, service agreement, purchase order, quote
• Correspondence — emails, letters, text messages, WhatsApp screenshots
• Financial records — invoices, receipts, bank statements, payment confirmations
• Photos and videos — date-stamped if possible, showing damage, defects, or condition
• Inspection reports — entry and exit reports, building reports, compliance certificates
• Notices — breach notices, demand letters, termination notices

If a document is in a messaging app, take a screenshot showing the sender, date, and full conversation thread. If it is a video, save it and note the timestamp of the relevant section.

Step 3: Organise documents in chronological order

NCAT prefers evidence presented in the order events happened.

Chronological structure:

1. The agreement or contract (what was promised)
2. Evidence of payment or performance (what you did)
3. The problem (what went wrong)
4. Your attempts to resolve it (demand letters, emails, phone records)
5. The other party’s response or lack of response
6. Any damage, loss, or costs you suffered

If you have multiple categories of evidence (emails, photos, invoices), organise each category chronologically, then decide which category comes first in the overall bundle.

Step 4: Remove irrelevant material

Do not include:

• Duplicate documents (one copy is enough)
• Entire email threads where only one message is relevant (extract the relevant part)
• Personal opinions or commentary (stick to facts)
• Documents that do not prove anything

A 20-page bundle that is all relevant beats a 60-page bundle with 40 pages of filler.

Step 5: Create a cover sheet and index

Your evidence bundle must include:

• Cover sheet — case name, case number, hearing date, your name, and whether you are the applicant or respondent
• Index — a numbered list of every document in the bundle, with a brief description

Example index:

“` Tab 1 — Residential Tenancy Agreement dated 15 January 2023 Tab 2 — Bond lodgement receipt dated 20 January 2023 Tab 3 — Email to landlord giving notice, dated 10 December 2024 Tab 4 — Photos of property taken on vacate day, 5 January 2025 Tab 5 — Entry condition report dated 15 January 2023 Tab 6 — Exit condition report dated 5 January 2025 Tab 7 — Landlord’s email claiming damage, dated 10 January 2025 “`

The index goes at the front of the bundle, immediately after the cover sheet.

Step 6: Tab and number each document

Every document gets a tab. Use physical sticky tabs if you are printing, or insert bookmarks if submitting digitally.

How to tab:

• Number each tab sequentially (Tab 1, Tab 2, Tab 3…)
• Write a short description on each tab (e.g., “Contract”, “Invoice #1234”, “Photos — damage”)
• Make sure the tab number matches the index

If a document is multiple pages, keep it together under one tab.

Step 7: Paginate the entire bundle

Number every page in the bottom right corner. This allows the tribunal member and the other party to refer to specific pages during the hearing.

Pagination example:

• Cover sheet: unnumbered
• Index: pages i, ii (Roman numerals)
• Tab 1 (contract, 3 pages): pages 1, 2, 3
• Tab 2 (invoice, 1 page): page 4
• Tab 3 (photos, 2 pages): pages 5, 6

If you are submitting digitally, add page numbers using your PDF editor before uploading.

Step 8: Prepare witness statements (if applicable)

If you have a witness, their statement must be in writing and signed. NCAT does not usually allow witnesses to attend in person unless you apply for permission in advance.

Witness statement format:

• Full name, address, and occupation of the witness
• How they know you or are involved in the matter
• What they saw, heard, or did (first-hand knowledge only)
• Date and signature

Attach the witness statement as a separate tab in your evidence bundle.

Step 9: Check NCAT’s filing deadlines

NCAT typically requires you to file your evidence at least 7 days before the hearing in most divisions. Some matters require 14 days.

Check your case management orders or the NCAT website for your specific deadline. If you miss it, you need to apply for leave to file late — and the tribunal may refuse.

Step 10: File and serve your evidence

You must:

1. File your evidence bundle with NCAT (upload via the online portal or deliver to the registry)
2. Serve a copy on the other party (email, post, or hand delivery)

Keep proof of service (email confirmation, Australia Post tracking, signed acknowledgment). If the other party claims they never received it, you need to prove you sent it.

Common mistakes to avoid

Filing evidence without an index — NCAT may reject a bundle that is not properly indexed.

Submitting evidence after the deadline — late evidence is not automatically accepted. You need tribunal permission.

Including irrelevant documents — a 50-page bundle with 10 pages of useful evidence wastes everyone’s time.

Not serving the other party — if they do not receive your evidence, they can object at the hearing.

Forgetting to paginate — makes it impossible to refer to specific pages during the hearing.

How ClaimDone helps with tribunal preparation

If you need help before your NCAT hearing, ClaimDone can prepare your tribunal application, witness statement, or demand letter based on the evidence you upload.

Our Proprietary AI Engine generates legally structured documents at a fixed fee, saving you time and ensuring your case is presented clearly. Upload your evidence, answer a few questions, and receive your document within 24 hours.

Final checklist

Before you file:

• [ ] All relevant documents gathered
• [ ] Documents organised chronologically
• [ ] Cover sheet and index prepared
• [ ] Every document tabbed and numbered
• [ ] Every page paginated
• [ ] Witness statements included (if applicable)
• [ ] Filed with NCAT at least 7 days before hearing
• [ ] Copy served on the other party
• [ ] Proof of service kept

A well-organised evidence bundle shows the tribunal you are prepared. Follow this checklist and you will be ready.

Frequently Asked Questions

How many days before an NCAT hearing do I need to file evidence?

Most NCAT divisions require evidence to be filed at least 7 days before the hearing. Some divisions require 14 days. Check your case management orders or the NCAT website for your specific deadline.

Can I submit new evidence on the day of the hearing?

Not automatically. NCAT expects all evidence to be filed before the deadline. If you have new evidence, you must apply for leave to file it late, and the tribunal member will decide whether to accept it.

Do I need to print my evidence bundle or can I submit it digitally?

NCAT accepts digital evidence bundles via the online portal. If you are submitting digitally, ensure the PDF is paginated, bookmarked, and includes a clickable index.

What happens if I forget to serve my evidence on the other party?

The other party can object at the hearing, and the tribunal may exclude your evidence or adjourn the hearing. Always serve a copy and keep proof of service.

Can I include text messages and WhatsApp conversations as evidence?

Yes. Take screenshots showing the sender, date, and full conversation thread. Save them as a PDF and include them as a tabbed document in your bundle.