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

To prepare evidence for an NCAT hearing, list every fact you need to prove, match each fact to a document, photo or signed statement, and put everything into one bundle in date order with an index and numbered pages. For a consumer claim, NCAT first lists the case for conciliation and hearing on the same day, so have the whole bundle ready for that first date. Read your notice from NCAT and follow any instructions it gives about when and how to provide documents.

This checklist is for the Consumer and Commercial Division of the NSW Civil and Administrative Tribunal (NCAT): consumer claims about goods and services, tenancy disputes and dividing fence disputes in New South Wales. It works whether you are the applicant or the respondent.

What happens at your first NCAT date: conciliation and hearing

NCAT says consumer claims are “first listed for conciliation and hearing”, and that if the case is not resolved at the first hearing it may be listed for a contested hearing on a later date (NCAT: consumer claims, last updated 2 January 2026).

In practice that means two things for your evidence:

• Conciliation comes first. Both sides try to reach an agreement. A clear bundle helps here too: it shows the other side, in a few pages, what you can prove.
• The hearing can follow on the same day. Do not treat the first date as a practice run. Bring your full bundle, your originals and your copies, as if the Tribunal Member will decide the case that day.

If your notice says the listing is in person, by phone or by video, or sets a date for giving documents to NCAT or the other party, those instructions govern your case. NCAT’s own page says to check the notice of hearing and follow the instructions provided.

What evidence do you need for NCAT?

For a consumer claim, NCAT’s consumer claims page lists relevant information to gather: the original purchase agreement, invoice or sales advice; warranties, receipts or quotes; photographs; and witness statements or affidavits. It also asks applicants to use the other party’s correct name or legal entity and, for a business or company, to search ASIC’s registers and attach the search to the application.

Most cases are decided on four kinds of material:

• Documents: contracts, quotes, invoices, receipts, bank statements, condition reports, notices and letters
• Communications: emails, text messages and messaging-app conversations between the parties
• Photos and video: showing the goods, the work, the property or the damage, with dates
• Statements: your own signed witness statement and statements from anyone else who saw or did something relevant, plus any expert report

The test for every item is simple: does it prove or disprove a fact that is actually in dispute? If not, leave it out.

How to prepare evidence for an NCAT hearing: step-by-step checklist

Step 1: Read everything NCAT sent you

Note the case number, the listing date and time, whether it is in person, by phone or video, and any instructions about documents. Put those dates in your calendar before you do anything else.

Step 2: List the facts you need to prove

Write each fact on its own line, then write the evidence that proves it next to it. Gaps show up immediately.

Example: consumer claim for a faulty appliance

• Fact: I bought the dishwasher on 3 February for $1,450 → Evidence: tax invoice and bank statement line
• Fact: It stopped working in May → Evidence: dated photos and video of the error message
• Fact: I asked the retailer to repair or replace it → Evidence: emails of 20 May and 2 June
• Fact: The retailer refused → Evidence: the retailer’s email of 5 June
• Fact: A replacement cost $1,390 → Evidence: receipt for the replacement

Example: tenancy bond claim

• Fact: The marks were there when I moved in → Evidence: entry condition report and move-in photos
• Fact: The property was left clean → Evidence: vacate-day photos and cleaning receipt
• Fact: I disputed the claim before the application → Evidence: my email to the agent

Step 3: Gather the documents

• The agreement: contract, quote, purchase order, lease, terms and conditions, and any written variations
• Payment records: invoices, receipts, bank statements, payment confirmations
• The problem: photos, videos, inspection reports, repair quotes, expert reports
• Your attempts to resolve it: letters of demand, complaint emails, messages, and the replies (or evidence there was no reply)
• Your loss: repair or replacement invoices and quotes that add up to the amount claimed

Step 4: Put everything in date order

A Tribunal Member follows a story most easily from start to finish. A reliable order is:

1. The agreement (what was promised)
2. Payment or performance (what you did)
3. The problem (what went wrong)
4. Your attempts to fix it, and the responses
5. Your loss and how the amount is calculated

Keep long email chains together instead of splitting them across the bundle.

Step 5: Cut what does not help

• Duplicates (one copy is enough)
• Whole inboxes or long threads where one message matters: include the relevant exchange with enough context to be fair
• Bank statement pages with nothing about the dispute (or highlight the relevant line)
• Commentary and opinion: that belongs in your statement, not the bundle

A short bundle where every page matters is easier to follow than a thick one with a few useful pages buried inside it.

Step 6: Add a cover sheet and index

Cover sheet: the case name and number, the listing date, your name and whether you are the applicant or respondent.

Index: a numbered list of every document, its date and the page it starts on. For example:

Step 7: Number every page

Number the whole bundle continuously, bottom right, without restarting for each document. Then check each index entry against the actual page. If you are working digitally, combine everything into one PDF, add page numbers and bookmark each tab.

Step 8: Prepare witness statements

Your own statement ties the bundle together: it tells the story in order and refers to the documents by tab or page. Statements from other people should cover only what they saw, heard or did. Every statement must be in the maker’s own words: NCAT Procedural Direction 7 says generative AI must not be used to generate the content of statements or other evidence. See the witness statement section below for the format.

Step 9: Provide your documents as your notice or directions require

If NCAT’s notice or any directions say to give documents to the Tribunal or the other party by a date, meet that date and keep proof: the sent email, the upload confirmation, or a postal tracking receipt. If there is no instruction, bring the bundle to the first listing ready to hand up.

Step 10: Get ready for the day

• A copy of the bundle for you, one for the Tribunal Member and one for the other party, unless NCAT has told you otherwise
• Your original documents in a separate folder, in case anyone asks to see them
• A one-page summary: what happened, the amount or orders you want, and the three or four documents that prove it
• A pen, paper and a way to find any page quickly

Evidence checklists by type of dispute

Faulty goods

• Proof of purchase (invoice, receipt or bank statement)
• Photos or video of the fault, dated
• Any warranty terms
• Your request for a repair, replacement or refund, and the reply
• Repair quotes or the cost of a replacement

Services not done properly

• The quote, contract or scope of work that shows what was agreed
• Proof of payment
• Photos of the finished work and of the problem
• A report or quote from another business explaining what is wrong and what fixing it costs
• Messages about variations, delays or defects

Tenancy and bond disputes

• The tenancy agreement
• Entry and exit condition reports
• Photos from move-in and vacate day
• Rent records, receipts and any notices given
• Correspondence with the landlord or agent

Dividing fence disputes

• A copy of the Fencing Notice and proof of when you served it. NCAT says you must serve your neighbour a Fencing Notice at least 1 month before applying (NCAT: dividing fences, last updated 19 June 2026)
• Photos of the existing fence and the boundary
• Quotes for the proposed work
• Your correspondence with the neighbour

If you are the respondent

The same checklist applies. Answer the applicant’s documents directly: for each claim they make, show the document that contradicts it or explains it. Our guide on how to defend an NCAT application covers the respondent’s side step by step.

Photos, text messages and emails: how to present them

• Label every photo: “Photo 3: crack in bathroom tiles, taken 12 April by the applicant”. If the date is not visible, say in your statement when it was taken.
• Show the whole conversation: screenshots should show the sender, the date and time, and enough of the thread that nothing is taken out of context. Do not crop out replies that change the meaning.
• Print emails with their headers: sender, recipient, date and subject.
• Use colour where it matters: damage, mould or stains can be invisible in black and white.
• Video: include still images in the bundle and note the file name and the time in the video where the relevant part starts.
• Do not edit or filter images: if anything has been cropped or enlarged, say so.

How to write a witness statement for NCAT

A witness statement is a written, first-person account of what the person saw, heard or did, and it must be in that person’s own words. NCAT Procedural Direction 7 (in force since 7 April 2025 and applying to all proceedings) says generative AI must not be used in generating the content of statements, affidavits or other material intended to reflect a witness’s evidence (paragraph 12), and must not be used to alter, embellish, strengthen, dilute or otherwise rephrase a witness’s evidence (paragraph 14). Spelling, grammar and formatting tools are not caught. A clear format:

1. Heading: “Witness statement of [full name]” with the case name and number
2. Introduction: who the person is and how they are connected to the dispute
3. Numbered paragraphs: one event per paragraph, in date order, with dates and amounts
4. References to the bundle: “A copy of the invoice is at page 6”
5. Closing line: “I believe the facts in this statement are true”
6. Signature and date

Stick to facts. “The retailer did not reply to my emails of 20 May and 2 June” is evidence. “They were clearly trying to avoid me” is an opinion. If a statement relies on what someone else told the witness, get a statement from that other person too.

Expert reports and quotes

For technical disputes, such as defective building work, vehicle faults or water damage, a report from a qualified person usually explains the problem far better than your own description. A useful report states the author’s qualifications, what they inspected and when, what they found, why, and what it would cost to fix, and it is signed and dated. A repair quote shows cost; it does not explain what went wrong. Where the cause is disputed, you may need both. Under Procedural Direction 7, generative AI must not be used in drafting an expert report covered by NCAT’s expert evidence direction without the Tribunal’s leave, so tell any expert you instruct.

What if your evidence is weak, or the other side has the documents?

• Rebuild the timeline from bank records, calendar entries, phone logs and delivery notifications.
• Ask for missing documents in writing early, and keep the request. If the other side holds something important and will not provide it, raise it with NCAT well before the hearing, not on the day.
• Get statements from people who were there, such as a tradesperson, a neighbour or a family member, while events are fresh.
• Be accurate about the amount: claim what your documents support. If your invoices add up to $4,200, do not claim $5,000.
• Consider settling: conciliation is part of the first listing. If your evidence has gaps, a fair agreement may be better than a decision.

Common evidence mistakes

• No index or page numbers, so nobody can find a document during the hearing
• Screenshots cropped so the date or sender is missing
• Unsigned or undated statements
• No proof that an important letter or notice was sent
• A claimed amount that the documents do not add up to
• Leaving preparation until the week of the hearing
• Bringing documents on the day that the other side has never seen, when your notice asked for them earlier

Can you have a lawyer at the hearing?

NCAT says most people represent themselves. In the Consumer and Commercial Division a lawyer or agent can only represent you if the Tribunal gives permission (leave). NCAT’s guideline says leave is usually granted where, for example, the claim is over $30,000, the other side is legally represented, or the issues are complex (NCAT representation guideline, effective 20 August 2019).

After the hearing

If a money order is made and not paid, the person owed can ask NCAT for a certified copy of the order (no fee) and register it with the Local Court, or the District Court for amounts over $100,000 (NCAT: enforcing a money order). An appeal goes to the NCAT Appeal Panel within 28 days (14 days in residential proceedings); the standard fee is $540 (NCAT: appeals). See how to appeal an NCAT decision.

How Claim Done helps you prepare for the hearing

Claim Done’s Hearing Bundle ($129) drafts a set of hearing documents from what you describe: a chronology, an issues list, an evidence index, a position statement and draft orders. Procedural Direction 7 expressly allows chronologies, indexes and written submissions to be prepared with generative AI (paragraph 11), provided any citations in submissions are checked (paragraph 16). It does not write your witness statement: that must be your own account, in your own words. You read and approve everything, and you give it to NCAT and the other party yourself.

• Not lodged yet? A Tribunal Application ($97) drafts your claim to copy into NCAT’s application form, plus a witness statement outline you complete in your own words. See our NCAT application page.
• Received an application? A Tribunal Response ($129) sets out your side: a position statement, a chronology and an evidence list.
• Still trying to settle? A letter of demand ($49) puts your claim in writing with a deadline.

Checking costs or forms first? See NCAT fees for 2026 and which NCAT application form to use.

Final checklist before your NCAT hearing

• [ ] Notice from NCAT read, dates and instructions noted
• [ ] Every fact in dispute matched to a document, photo or statement
• [ ] Documents in date order, irrelevant material removed
• [ ] Cover sheet and index prepared
• [ ] Every page numbered, index checked against page numbers
• [ ] Witness statements signed and dated
• [ ] Photos labelled, message screenshots complete
• [ ] Amount claimed matches the documents
• [ ] Documents given to NCAT and the other party as the notice or directions require, with proof kept
• [ ] Copies for you, the Member and the other party, plus originals
• [ ] One-page summary of what you want and why

Frequently asked questions

How do I prepare for an in-person conciliation and hearing at NCAT?

Treat it as the day your case could be decided. NCAT lists consumer claims for conciliation and hearing together: the parties first try to reach agreement, and if the case is not resolved it may be heard or listed for a contested hearing on a later date. Bring your indexed bundle, copies for the Member and the other party, your originals and a one-page summary of the orders you want.

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

Do not plan on it. If your notice or directions set a date for providing documents, meet it. Whether material handed up late is accepted is up to the Tribunal, and the other side may ask for time to respond to it, which can delay your case.

Do I need original documents or are copies acceptable?

Put copies in the bundle and bring the originals with you in case the Member or the other party asks to see them. If you no longer have an original, explain why in your witness statement.

Can I use text messages and WhatsApp conversations as evidence at NCAT?

Yes. Screenshot the whole relevant conversation so the sender, date and time are visible, put the screenshots in date order in your bundle, and explain in your statement who each number or name belongs to.

How many copies of my evidence bundle do I need?

Unless NCAT tells you otherwise, a practical approach is one for you, one for the Tribunal Member and one for each other party, plus your originals.

What if the other party does not provide any evidence?

You still need to prove your own case. Their lack of documents does not replace yours, so prepare your bundle as fully as if they had filed everything.

Not lodged yet? Start a Tribunal Application — $97. Responding to a claim? Start a Tribunal Response — $129.

Facts checked against NCAT and NSW Local Court pages on 27 September 2026. Claim Done is not a law firm and does not lodge, file or serve documents for you.