You do not need a lawyer to run a strong tribunal case. What you need is preparation, organisation, and a clear understanding of the process.
This guide covers everything you need to prepare for a tribunal hearing without a lawyer — from gathering evidence to what happens when you walk into the hearing room.
Understand what the tribunal expects from you
Civil and administrative tribunals across Australia — NCAT (NSW), VCAT (Vic), QCAT (Qld), SACAT (SA), ACAT (ACT) — operate on simplified procedures. The tribunal member or magistrate expects you to:
- Present your case clearly and briefly
- Provide relevant evidence that supports your claim
- Ask questions of the other party if needed
- Respond to questions from the tribunal
- Remain respectful and focused on the facts
Tribunals are not bound by strict rules of evidence. The tribunal can accept documents, photos, emails, text messages, and witness statements without formal authentication. The focus is on fairness and getting to the truth quickly.
Organise your evidence into a hearing bundle
Evidence wins cases. The tribunal will base its decision on what you can prove.
Create a hearing bundle — a single folder containing every document you will rely on:
- Contracts or agreements — signed documents, terms and conditions, quotes, invoices
- Correspondence — emails, text messages, letters, social media messages
- Photos or videos — damage, defects, property condition, work completed
- Receipts and invoices — proof of payment, proof of loss, repair quotes
- Bank statements — showing payments made or withheld
- Expert reports — building inspections, valuation reports, repair assessments
- Witness statements — written statements from anyone who saw what happened
Number each page sequentially. Create an index at the front listing each document and its page number. Print three copies — one for you, one for the tribunal, one for the other party.
If the hearing is online, prepare a single PDF with bookmarks for each document.
Write your submissions
Submissions are your written argument. They tell the tribunal what you are claiming, why you are entitled to it, and which evidence supports each point.
Structure your submissions like this:
Introduction
- Your name and the other party’s name
- What you are claiming (refund, compensation, enforcement of contract)
- The amount you are seeking
Facts
- What happened, in chronological order
- Reference specific documents in your hearing bundle (e.g. “see page 12, email dated 15 March 2024”)
- Keep it factual — no emotion, no exaggeration
Legal basis
- What law or principle supports your claim (e.g. misleading conduct under consumer protection legislation, or breach of contract)
- You do not need to cite case law — tribunals apply statute and common sense
Evidence
- List each piece of evidence and what it proves
- Example: “Page 23 shows the invoice for $4,500. Page 24 shows the bank transfer proving payment. Pages 25-28 show the defective work.”
Conclusion
- Restate what you are asking the tribunal to order
- Example: “I seek an order that the respondent refund $4,500 plus tribunal filing fees of $108.”
Keep submissions to 2-4 pages. The tribunal will read them before the hearing.
Prepare your witnesses
If someone saw what happened, their evidence can be powerful. Witnesses can appear in person, by phone, or by written statement.
Written witness statements
Most tribunals accept written statements if the witness cannot attend. The statement must:
- Be in the witness’s own words (first person: “I saw…”)
- Include the witness’s full name, address, and occupation
- State how they know the facts (e.g. “I was present when the contractor inspected the roof”)
- Be signed and dated
- Include a declaration: “This statement is true and correct to the best of my knowledge”
Live witnesses
If the witness will attend the hearing, prepare them:
- Explain what the hearing will be like (informal, questions from the tribunal and the other party)
- Go through the facts they will be asked about
- Tell them to answer only what they know — “I don’t know” is a perfectly acceptable answer
- Remind them to stay calm and factual
Prepare your own testimony
You will be asked to explain what happened. Practice telling your story in a clear, structured way:
- Start at the beginning
- Stick to facts, not feelings (“The roof leaked after the repair” not “I was so upset about the roof”)
- Refer to documents as you go (“This is the quote I was given, at page 6 of the bundle”)
- Pause if you need to check your notes or documents
Write dot points on a single page to keep you on track. Do not read from a script — the tribunal wants to hear you explain what happened naturally.
Anticipate the other party’s case
Think about what the other party will argue. Prepare responses:
- If they claim the work was done properly, what evidence disproves that?
- If they claim you did not pay, what bank statement or receipt proves you did?
- If they claim you agreed to the defect, what correspondence shows otherwise?
Prepare questions you will ask them during cross-examination:
- “You said the work was completed on 10 April. Can you explain why the invoice is dated 15 April?”
- “You claim I approved the change. Can you show me where I gave that approval in writing?”
Keep questions short and direct. Do not argue with the witness — let the tribunal draw conclusions.
Know what to expect on the day
Arrival
Arrive 15 minutes early. Bring:
- Three copies of your hearing bundle
- Three copies of your submissions
- A notebook and pen
- Your photo ID
If the hearing is online, test your video and audio 30 minutes before. Have your documents open on your screen.
Hearing procedure
Most tribunal hearings follow this structure:
- Introduction — the tribunal member introduces themselves and confirms everyone’s names
- Applicant’s case — you present your case first (typically 10-20 minutes)
- Respondent’s case — the other party presents their case
- Questions — the tribunal asks questions of both parties
- Cross-examination — you can ask the other party questions, and they can ask you questions
- Closing — each party makes a brief final statement
- Decision — the tribunal may decide immediately or reserve its decision (deliver it in writing later)
Presenting your case
When it is your turn to speak:
- Stand if the hearing is in person (unless told otherwise)
- Address the tribunal member as “Your Honour” or “Member”
- Start with: “Thank you. My name is [name]. I am seeking [outcome] because [brief reason].”
- Walk through your evidence, referring to page numbers
- Finish with: “That is my case. I am happy to answer any questions.”
Stay calm
If the other party says something untrue, do not interrupt. Write it down and address it when it is your turn to speak or when you ask them questions.
If the tribunal asks you a question you do not understand, say: “I am sorry, I do not understand the question. Could you rephrase it?”
After the hearing
If the tribunal reserves its decision, you will typically receive written reasons within 2-4 weeks. If you win, the tribunal will make an order requiring the other party to pay or do something.
If they do not comply, you can enforce the order through the court system — registering it as a judgment and pursuing enforcement options like garnishee orders or payment plans.
If you lose, you can appeal only on a question of law (not because you disagree with the decision). Appeals are complex and usually require a lawyer.
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Final checklist
Two weeks before the hearing:
- Finalise your hearing bundle
- Write your submissions
- Arrange witnesses
One week before:
- Print or prepare digital copies
- Practice presenting your case
- Prepare questions for the other party
The day before:
- Review your evidence
- Check hearing time and location (or online link)
- Pack your documents and ID
On the day:
- Arrive early
- Stay calm and factual
- Let the evidence speak
Frequently Asked Questions
Can I bring a support person to a tribunal hearing?
Yes. You can bring a support person who sits with you but does not speak on your behalf. Some tribunals allow a friend or family member to assist you with documents or take notes. Check your tribunal’s rules before the hearing.
What if I do not have a written contract?
You can still prove an agreement through emails, text messages, quotes, invoices, or witness evidence. Australian law recognises verbal contracts — you just need evidence showing what was agreed and that the other party breached it.
How long does a tribunal hearing take?
Most tribunal hearings for disputes under $10,000 take 30-60 minutes. Complex cases with multiple witnesses or technical evidence may take 2-3 hours. The tribunal will allocate time based on the issues in dispute.
What happens if the other party does not show up?
The tribunal can proceed in their absence and make a decision based on your evidence. This is called a default hearing. The tribunal may also adjourn and require the other party to attend on a new date.
Do I need to wear a suit to a tribunal hearing?
No. Tribunals are informal. Business casual is appropriate — clean, neat, respectful. Avoid shorts, thongs, or clothing with offensive slogans. The focus is on your case, not your outfit.
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