What to Include in a Witness Statement for a Small Business Debt Dispute

When you take a non-paying client to tribunal, your witness statement is often the most important piece of evidence you file. It tells your side of the story, introduces your documents, and proves the debt is real and enforceable.

Most small business owners have never written one. They assume it needs to sound legal or complicated. It does not. What it needs is clarity, chronology, and proof.

What a witness statement actually does

A witness statement is your sworn account of the facts. You file it with the tribunal as part of your application. The tribunal member reads it before the hearing. At the hearing, you confirm it under oath and answer questions about it.

Your statement should:

• Establish that a contract or agreement existed
• Prove you delivered the goods or services as agreed
• Show the amount owed and when payment was due
• Demonstrate you made reasonable attempts to recover the debt
• Attach or reference supporting documents

Tell the story in order, with proof at each step.

Start with your identity and relationship to the dispute

State who you are and your role in the business. If you are the director, owner, or authorised representative, say so.

Example:

“My name is Sarah Mitchell. I am the director of Mitchell Plumbing Pty Ltd, the applicant in this matter. I make this statement based on my own knowledge and the business records I have personally reviewed.”

Then explain your relationship to the respondent:

“In March 2024, the respondent contacted me to request emergency plumbing repairs at their commercial property in Parramatta.”

Keep it short. The tribunal needs context, not your life story.

Describe the agreement or contract

Explain what was agreed. If you had a written contract, quote, or signed purchase order, refer to it by date and attach it as an exhibit.

If the agreement was verbal or formed through email exchanges, describe:

• What services or goods were to be provided
• The price or rate agreed
• When payment was due
• Any specific terms

Example:

“On 15 March 2024, the respondent and I agreed by phone that I would replace the damaged hot water system at the property. I quoted $4,800 including GST for parts and labour. The respondent accepted and asked me to start immediately. I confirmed the quote by email the same day. A copy of that email is attached as Exhibit A.”

If your business uses standard terms and conditions, mention them and attach a copy. If the customer signed an invoice or work order acknowledging those terms, point that out.

Prove you performed the work or delivered the goods

Do not just say “I did the work.” Provide specific details:

• Dates you attended the site or dispatched goods
• What you actually did or supplied
• Who was present or signed off
• Any photos, delivery dockets, or completion certificates

Example:

“I attended the property on 16 March 2024 and completed the installation over two days. The respondent’s site manager, John, was present both days and signed the completion certificate on 17 March 2024. A copy of the signed certificate is attached as Exhibit B. Photos of the completed installation are attached as Exhibit C.”

If you delivered goods, attach proof of delivery: tracking numbers, signed delivery receipts, or courier confirmations.

Set out the invoicing and payment terms

Attach your invoice and walk through it:

• Invoice number and date
• Amount charged (break it down if helpful: labour, materials, GST)
• Payment terms
• How you sent the invoice

Example:

“I issued invoice #2847 on 17 March 2024 for $4,800. The invoice stated payment was due within 14 days, making the due date 31 March 2024. I emailed the invoice to the respondent’s accounts email address on the same day. A copy of the invoice and the sent email are attached as Exhibit D.”

If you sent a tax invoice under the GST rules, make sure it complies: ABN shown, GST amount separated. Tribunals typically will not enforce invoices that do not meet basic requirements.

Document your attempts to recover the debt

This section shows you acted reasonably before filing. Tribunals want to see you tried to resolve the matter without their involvement.

List every attempt you made to recover payment, in chronological order:

• Phone calls (date, time, who you spoke to, what was said)
• Emails or text messages (attach copies)
• Follow-up invoices or statements
• Any promises made by the debtor
• Formal demand letters

Example:

“On 5 April 2024, I called the respondent and asked when payment would be made. He said he was waiting on funds and would pay by 12 April. No payment was received.

On 15 April 2024, I sent a follow-up email requesting immediate payment. The respondent did not reply. A copy of that email is attached as Exhibit E.

On 25 April 2024, I sent a formal letter of demand by registered post, giving the respondent 7 days to pay. The letter was delivered on 28 April 2024. No payment was made. Copies of the letter and Australia Post tracking receipt are attached as Exhibit F.”

If the debtor made part payment, acknowledge it and show the remaining balance.

Address any defences or excuses raised

If the respondent has claimed the work was defective, incomplete, or not what was ordered, deal with it directly.

Do not ignore their version. Respond with facts:

“The respondent claims the hot water system was faulty. I attended the property on 10 May 2024 to inspect. The system was working correctly. The issue was that the respondent had not switched on the power isolator. I took a photo showing the isolator in the off position. That photo is attached as Exhibit G.”

If they claim they never agreed to the price, point to the written quote or email confirmation. If they say they never received the invoice, show the sent email or delivery receipt.

Attach exhibits in a logical order

Every document you mention should be attached as a numbered exhibit. Label them clearly:

• Exhibit A: Email quote dated 15 March 2024
• Exhibit B: Signed completion certificate dated 17 March 2024
• Exhibit C: Photos of completed work
• Exhibit D: Invoice #2847 and sent email
• Exhibit E: Follow-up email dated 15 April 2024
• Exhibit F: Letter of demand and tracking receipt

Print them in order. If filing online, combine them into a single PDF in the correct sequence.

Keep the tone professional and factual

Your statement is not the place to vent. Stick to what happened, when, and what evidence supports it.

Avoid:

• “This dodgy operator has been stringing me along for months.”
• “I can’t believe anyone would treat a small business this way.”

Use instead:

• “Despite multiple requests, the respondent has not made any payment.”
• “The respondent has not provided any evidence to support their claim that the work was defective.”

Let the facts speak.

Declare the statement is true

End with a declaration that your statement is true and correct. Most tribunals require this wording or something similar:

“I believe the facts stated in this witness statement are true and correct.”

Sign and date it. If the tribunal requires the statement to be sworn or affirmed before a Justice of the Peace or solicitor, arrange that before filing.

Final checklist before filing

Before you file, check:

• Your statement is in chronological order
• Every document mentioned is attached as an exhibit
• Exhibit labels match the references in your statement
• The statement is signed and dated
• You have kept a copy for your records
• The statement contains facts and evidence, not opinions

How Claim Done helps

Writing a witness statement from scratch is time-consuming when you are running a business and chasing overdue payments. Claim Done’s Witness Statement service generates a structured statement based on the information and documents you describe, for you to check and sign (in New South Wales, an outline you complete in your own words).

You complete a short online form about your dispute. Our Programmatic Algorithms use your answers about your invoices, contracts, emails, and other evidence to draft a witness statement covering the agreement, your performance, the debt, and your recovery attempts. The statement is formatted for tribunal filing, with exhibit references and a professional structure. In New South Wales (NCAT and the courts) you get an outline you complete in your own words.

You review it, make any changes, and file it with confidence. Fixed fee, no subscription, delivered fast.

Generate your witness statement now and get your tribunal documents sorted in minutes, not days.

Frequently Asked Questions

Does my witness statement need to be sworn before a JP?

It depends on your tribunal’s rules. Some require witness statements to be sworn or affirmed before a Justice of the Peace or solicitor. Others accept signed statements with a declaration of truth. Check your tribunal’s filing requirements or the notice you received.

Can I submit text messages as evidence in a witness statement?

Yes. Text messages are admissible evidence if they are relevant to the dispute. Take clear screenshots showing the sender, date, and time. Attach them as exhibits and refer to them in your statement. Do not edit or alter the messages.

What if I don't have a signed contract?

Many small business transactions are not formally documented. If you do not have a signed contract, use emails, quotes, text messages, invoices, or even verbal agreements confirmed in writing. Describe what was agreed and attach any supporting correspondence as exhibits.

How long should a witness statement be for a debt dispute?

There is no strict word limit, but aim for clarity over length. Most tribunal witness statements for straightforward debt disputes are 2 to 4 pages, covering the agreement, performance, invoicing, and recovery attempts. Attach detailed documents as exhibits rather than copying them into the statement.

Can I update my witness statement after filing?

Generally, you can file an amended or supplementary witness statement if new evidence comes to light or you need to correct an error. Check your tribunal’s rules and notify the other party. Do not wait until the hearing to introduce major new facts without prior notice.