What to Include in a Witness Statement for NCAT Debt Recovery

If you are a business recovering a debt in New South Wales, the claim does not go to the NSW Civil and Administrative Tribunal (NCAT). NCAT hears consumer claims, which are brought by the consumer; a business owed money has a debt claim for the Local Court of New South Wales, where the Small Claims Division hears claims up to $20,000 and the General Division hears claims over $20,000 up to $100,000. In defended small claims matters, witnesses are generally not called unless the court decides otherwise, so your written statement is one of the most important pieces of evidence you will file: a clear, chronological, first-person account of what happened, supported by documentary evidence.

For the forms, fees and each step, see our guide to making an NCAT application.

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

What is a witness statement in a debt recovery claim?

A witness statement is a written, first-person account of the facts relevant to your claim. You file and serve it by the dates the court sets.

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 defendant has not paid

Witness statements should be factual, not argumentative. You are stating what happened, in order, with evidence attached.

What the court expects to see

A clear witness statement should:

• 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 leave these elements out, your statement is harder to follow and may carry less 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 plaintiff 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

The court 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 defendant 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 defendant 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

The court 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 defendant.

Show that payment was due and demanded

The court will not give 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 defendant 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 defendant has not paid any part of the amount claimed.

Address any defences or disputes raised

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

Respond to the specific allegations, not just repeat your claim.

Example:

1. In the defendant’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 defendant 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. Loose documents or unidentified attachments are hard for the court to follow.

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

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 if required

Check the court’s current requirements and any directions made in your case. If your statement must be sworn or affirmed (as an affidavit), that is done before an authorised person, such as:

• 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 defendant 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 statement of claim. Your witness statement must align with the facts set out in your statement of claim. If there are discrepancies, the court may question your credibility.

Final checklist before filing

Before you file your witness statement, 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, if required
• [ ] Statement responds to any defences raised by the defendant

A well-prepared witness statement makes your claim easier to prove. The court relies heavily on written evidence — make sure yours is clear, complete, and credible.

How Claim Done helps

Claim Done’s Witness Statement service works from the evidence you describe. You complete a structured intake form, tell us about your invoices, contracts, and correspondence, and Claim Done prepares a witness statement outline: the facts in date order, with your documents listed as annexures, for you to complete in your own words. In New South Wales the evidence in a witness statement must be in your own words, so you write each paragraph from the outline, then sign it the way the court or tribunal directs.

Claim Done does not provide legal advice. Start your witness statement outline; the draft is ready in about five minutes.

Frequently Asked Questions

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

Check the court’s current requirements and any directions made in your case. If a sworn or affirmed statement is required, it must be sworn or affirmed before a justice of the peace, solicitor, or commissioner for declarations before it is 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. Loose or unidentified documents are hard for the court to follow.

What happens if I do not file a witness statement?

If the court directs you to file and serve written statements by a date, follow that direction. In defended small claims matters, witnesses are generally not called unless the court decides otherwise, so without a clear written account your claim is harder to prove.

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 concise, factual statements work best. For a straightforward debt recovery matter, 3-5 pages is typical. Complex matters may require longer statements, but avoid unnecessary repetition.