What to Include in a Witness Statement for NCAT Debt Recovery

If you are taking a debt recovery matter to the NSW Civil and Administrative Tribunal, your witness statement is the most important piece of evidence you will file. NCAT does not rely on oral submissions alone — the tribunal expects a clear, chronological, first-person account of what happened, supported by documentary evidence.

This guide breaks down exactly what to include in a witness statement for NCAT debt recovery, how to structure it, and what the tribunal expects to see.

What is a witness statement in NCAT debt recovery?

A witness statement is a written, first-person account of the facts relevant to your claim. It is sworn or affirmed before a justice of the peace or solicitor, and filed as part of your NCAT application.

In debt recovery matters, your witness statement typically covers:

• How the debt arose
• What goods, services, or money were provided
• What agreement or invoice governed the transaction
• When payment was due
• What steps you took to recover the debt
• Why the respondent has not paid

NCAT expects witness statements to be factual, not argumentative. You are stating what happened, in order, with evidence attached.

What NCAT expects to see

NCAT’s practice notes make clear that witness statements must:

• Be written in the first person (“I provided the services on 12 March 2024”)
• Be set out in numbered paragraphs
• Be in chronological order
• Refer to documents by exhibit number (e.g. “Annexure A is a copy of the invoice”)
• Be signed and dated
• Include a statement of truth confirming the contents are accurate

If you fail to include these elements, the tribunal may refuse to admit your statement or give it reduced weight.

Start with your identity and role

Your witness statement should begin by identifying who you are and why you are giving evidence.

Example opening paragraphs:

1. My name is Sarah Mitchell. I am the director of Mitchell Electrical Pty Ltd, the applicant in this matter.

1. I make this statement based on my own knowledge, unless otherwise stated.

1. Where I refer to information provided by others, I believe that information to be true.

This establishes your standing and makes clear that you have direct knowledge of the facts.

Set out the agreement or arrangement

NCAT needs to understand what the parties agreed to. This section should cover:

• When and how the agreement was made (written contract, verbal agreement, purchase order, quote accepted)
• What you agreed to provide (goods, services, loan)
• What the other party agreed to pay
• When payment was due

Example:

1. On 15 January 2024, the respondent contacted me by email requesting electrical work at 22 George Street, Parramatta. Annexure A is a copy of that email.

1. I provided a written quote on 16 January 2024 for $4,500 including GST. Annexure B is a copy of the quote.

1. The respondent accepted the quote by email on 17 January 2024. Annexure C is a copy of that acceptance.

1. The quote stated that payment was due within 7 days of completion of the work.

Detail what you provided

NCAT needs to know exactly what you delivered, when, and to what standard.

For goods supplied:

• Date of delivery
• Description of the goods
• Delivery docket or receipt
• Condition on delivery

For services performed:

• Dates the work was carried out
• Scope of the work completed
• Any variations or additional work
• Completion date

For money lent:

• Date the loan was made
• Amount transferred
• Method of transfer (bank transfer, cash, cheque)
• Any written or verbal agreement about repayment terms

Example:

1. I attended the property on 20 January 2024 and completed the electrical work as quoted.

1. The work included rewiring the kitchen, installing new light fittings, and replacing the switchboard.

1. I completed the work on 22 January 2024. Annexure D is a copy of the completion certificate I provided to the respondent.

Show that payment was due and demanded

NCAT will not award judgment unless you prove the debt is due and payable. This section should cover:

• When you invoiced
• What the invoice stated
• When payment was due under the agreement
• Any follow-up requests for payment

Example:

1. I issued invoice number 2024-045 on 22 January 2024 for $4,500. Annexure E is a copy of the invoice.

1. The invoice stated that payment was due by 29 January 2024.

1. The respondent did not pay by the due date.

1. I sent a reminder email on 5 February 2024. Annexure F is a copy of that email.

1. I sent a letter of demand on 20 February 2024 requesting payment within 14 days. Annexure G is a copy of that letter.

1. The respondent has not paid any part of the amount claimed.

Address any defences or disputes raised

If the respondent has raised a defence — such as defective work, non-delivery, or a counterclaim — you must address it directly in your witness statement.

NCAT expects you to respond to the specific allegations, not just repeat your claim.

Example:

1. In the respondent’s defence filed on 10 March 2024, they claim the work was defective because one light fitting did not work.

1. I attended the property on 15 March 2024 to inspect the light fitting. The fitting was working correctly when I left the property on 22 January 2024.

1. On inspection, I found that the respondent had replaced the globe with an incompatible LED bulb, which caused the fitting to fail.

1. I replaced the globe at no charge. Annexure H is a photograph of the incompatible bulb removed from the fitting.

Attach all supporting documents as annexures

Every document you refer to in your witness statement must be attached as a numbered annexure. NCAT will not accept loose documents or unidentified attachments.

Common annexures in debt recovery matters include:

• Quotes, proposals, or tenders
• Contracts or purchase orders
• Invoices
• Delivery dockets or receipts
• Emails or text messages
• Bank statements showing payment transfers
• Letters of demand
• Photographs (for defective goods or property damage claims)

Each annexure should be clearly labelled (Annexure A, Annexure B, etc.) and referred to by that label in the body of your statement.

Include a statement of truth

NCAT requires all witness statements to include a statement of truth. This is a declaration that the contents of your statement are true and correct to the best of your knowledge.

Standard wording:

“I, [Your Name], say that the contents of this witness statement are true and correct to the best of my knowledge and belief.”

You must sign and date this declaration.

Have your statement sworn or affirmed

Before you file your witness statement with NCAT, it must be sworn or affirmed before an authorised person. This can be:

• A justice of the peace
• A solicitor
• A commissioner for declarations

The authorised person will witness your signature and add their own signature and stamp.

Common mistakes to avoid

Do not argue your case. A witness statement is not the place for legal submissions. Stick to the facts.

Do not include hearsay without explanation. If you are relying on information from someone else (e.g. “My employee told me the goods were delivered”), state that clearly and explain why you believe it to be true.

Do not attach documents without referring to them. Every annexure must be mentioned in the body of your statement.

Do not make vague statements. “The respondent never paid” is not enough. State when payment was due, when you invoiced, and what steps you took to recover the debt.

Do not contradict your application. Your witness statement must align with the facts set out in your NCAT application form. If there are discrepancies, the tribunal may question your credibility.

Final checklist before filing

Before you file your witness statement with NCAT, check:

• [ ] Statement is in first person and chronological order
• [ ] All paragraphs are numbered
• [ ] All documents are attached as labelled annexures
• [ ] Statement includes a statement of truth
• [ ] Statement is signed and dated
• [ ] Statement is sworn or affirmed before an authorised person
• [ ] Statement responds to any defences raised by the respondent

A well-prepared witness statement significantly increases your chances of success at NCAT. The tribunal relies on written evidence — make sure yours is clear, complete, and credible.

How Claim Done helps

ClaimDone’s Witness Statement service generates a tribunal-ready witness statement based on the evidence you upload. You complete a structured intake form, upload your invoices, contracts, and correspondence, and our Proprietary AI Engine drafts a chronological, first-person statement citing the relevant facts and annexing the supporting documents. The statement is formatted for NCAT, includes a statement of truth, and is ready to be sworn before a JP or solicitor.

ClaimDone does not provide legal advice. For complex, high-value, or disputed matters, consult a qualified Australian lawyer. Generate a tribunal-ready witness statement in under 10 minutes.

Frequently Asked Questions

Does my witness statement need to be sworn before I file it with NCAT?

Yes. NCAT requires all witness statements to be sworn or affirmed before a justice of the peace, solicitor, or commissioner for declarations before they are filed.

Can I submit a witness statement without annexures?

No. Every document you refer to in your witness statement must be attached as a numbered annexure. NCAT will not accept loose or unidentified documents.

What happens if I do not file a witness statement?

NCAT may refuse to hear your case, or may give your oral evidence reduced weight. In debt recovery matters, a witness statement is effectively mandatory.

Can I include evidence from someone else in my witness statement?

You can refer to information provided by others, but you must state clearly that it is hearsay and explain why you believe it to be true. Ideally, the other person should file their own separate witness statement.

How long should my witness statement be?

There is no set length, but NCAT prefers concise, factual statements. For a straightforward debt recovery matter, 3-5 pages is typical. Complex matters may require longer statements, but avoid unnecessary repetition.