A witness statement is your testimony in writing. At NCAT, it replaces what you would say on the stand. The adjudicator reads it before the hearing, forms a view, and may ask you questions about it on the day.
But NCAT witness statements are not casual letters. They must follow strict formatting rules, contain only admissible evidence, and be organised so the adjudicator can follow your story. Get it wrong and your evidence may be excluded or ignored.
This guide shows you exactly what to include in a witness statement for NCAT, with real examples that comply with the NCAT Rules.
Why NCAT relies on written evidence
Most NCAT hearings rely heavily on documents filed before the hearing date. Your witness statement is the foundation of your case.
If your statement is vague, emotional, or full of inadmissible hearsay, the adjudicator will give it little weight. If it is clear, factual, and properly structured, it becomes your strongest piece of evidence.
Formal requirements under the NCAT Rules
The NCAT Rules 2014 set out the formal requirements for witness statements. Your statement must:
- Be in writing and signed by the witness
- State the full name and address of the witness
- Set out the evidence in numbered paragraphs
- Be expressed in the first person (“I saw…” not “The witness saw…”)
- Include a statement of truth at the end
- Be filed and served within the time limits set by the tribunal
If you are calling someone else as a witness (a customer, a neighbour, a colleague), they must sign their own statement.
What to include in your witness statement
Personal details at the top
Start with your full name, address, and occupation. This identifies you and establishes your connection to the dispute.
Example:
> I, Sarah Jane Thompson, of 12 Elm Street, Parramatta NSW 2150, am the applicant in these proceedings. I am a graphic designer and the director of Thompson Design Pty Ltd.
Chronological narrative in numbered paragraphs
The body of your statement should tell the story in order. Each paragraph should cover one fact or event. Number every paragraph.
Do not jump around. Do not editorialize. Stick to what you saw, heard, did, or said.
Example:
> 3. On 15 March 2024, I engaged the respondent to redesign my company website. We agreed on a fixed price of $4,500, payable in two instalments. > > 4. The respondent delivered the first draft on 28 March 2024. The design did not match the brief. I sent an email the same day listing the issues. > > 5. On 5 April 2024, the respondent sent a revised version. It still did not meet the agreed specifications. I requested a third revision. > > 6. On 20 April 2024, the respondent refused to make further changes and demanded full payment. I refused to pay the second instalment until the work was completed properly.
Only include admissible evidence
NCAT typically applies the Evidence Act 1995 (NSW) unless it decides otherwise. That means:
- No hearsay — do not say “My friend told me the respondent is unreliable.” You can only give evidence of what you personally saw, heard, or did.
- No opinion — unless you are an expert, stick to facts. Do not say “The work was clearly substandard.” Say “The logo was pixelated and the navigation menu did not function.”
- No speculation — do not guess what the other party was thinking or planning.
If you need to refer to a document, attach it as an exhibit and refer to it by exhibit number.
Example:
> 7. I attach as Exhibit ST-1 a copy of the service agreement signed by both parties on 15 March 2024.
Attach exhibits properly
Every document you refer to should be attached as an exhibit. Label each exhibit clearly:
- First witness: ST-1, ST-2, ST-3 (your initials)
- Second witness: JD-1, JD-2, JD-3 (their initials)
At the back of your statement, include a schedule of exhibits listing each one.
Example:
> Schedule of Exhibits > > ST-1: Service agreement dated 15 March 2024 > ST-2: Email from respondent dated 28 March 2024 > ST-3: Invoice dated 20 April 2024
Statement of truth at the end
Every witness statement must end with a statement of truth. This is a declaration that the contents are true and correct.
Example:
> I, Sarah Jane Thompson, make this statement in support of my application to NCAT. I believe the facts stated in this witness statement are true. > > Signed: ___________________________ > Date: 10 May 2024
If you make a false statement, you can be prosecuted for giving false or misleading evidence.
Real witness statement example (consumer dispute)
Here is a complete witness statement for a consumer dispute at NCAT:
—
Witness Statement of Michael Chen
I, Michael Chen, of 45 George Street, Sydney NSW 2000, am the applicant in these proceedings. I am a software engineer.
- On 10 January 2024, I purchased a laptop from the respondent’s store in Chatswood for $2,100. I attach as Exhibit MC-1 a copy of the receipt.
- The laptop was advertised as having 16GB of RAM and a 1TB solid-state drive. The respondent’s salesperson confirmed these specifications before I paid.
- On 15 January 2024, I discovered the laptop had only 8GB of RAM. I checked the system settings and took a screenshot. I attach the screenshot as Exhibit MC-2.
- On 16 January 2024, I returned to the store and spoke to the manager. I explained the issue and requested a refund. The manager refused and said the specifications were “close enough.”
- On 20 January 2024, I sent an email to the respondent requesting a full refund under the Australian Consumer Law. I attach a copy of that email as Exhibit MC-3.
- On 25 January 2024, the respondent replied by email stating they would not provide a refund. I attach a copy of that email as Exhibit MC-4.
- I have not used the laptop since discovering the issue. It remains in its original packaging.
Schedule of Exhibits
MC-1: Receipt dated 10 January 2024 MC-2: Screenshot of system settings MC-3: Email to respondent dated 20 January 2024 MC-4: Email from respondent dated 25 January 2024
I, Michael Chen, make this statement in support of my application to NCAT. I believe the facts stated in this witness statement are true.
Signed: ___________________________ Date: 5 February 2024
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Common mistakes to avoid
Emotional language — do not say “I was devastated” or “The respondent is a liar.” Stick to facts.
Irrelevant background — do not include your life story. Only include facts that are relevant to the dispute.
Legal argument — do not cite cases or statutes in your witness statement. Save that for your submissions.
Unsigned or undated — always sign and date the statement. An unsigned statement has no evidentiary value.
No exhibits — if you refer to a document, attach it. Do not expect the adjudicator to take your word for it.
Final checklist before filing
Before you file your witness statement at NCAT, check:
- Full name and address at the top
- Numbered paragraphs in chronological order
- Only admissible evidence (no hearsay, no opinion, no speculation)
- Exhibits properly labelled and attached
- Schedule of exhibits at the end
- Statement of truth signed and dated
- Filed within the time limit set by the tribunal
If you are calling additional witnesses, each one must file their own signed statement following the same format.
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Frequently Asked Questions
Can I write my witness statement in dot points?
No. NCAT requires witness statements to be written in full sentences, in numbered paragraphs, in the first person. Dot points are not acceptable.
Do I need to swear my witness statement before a JP?
No. Unlike an affidavit, a witness statement for NCAT does not need to be sworn or witnessed. You simply sign the statement of truth at the end.
Can I include text messages or emails in my witness statement?
Yes, but you must attach them as exhibits and refer to them by exhibit number. Do not paste the full text into the body of your statement.
What happens if I include hearsay in my witness statement?
The adjudicator may exclude that evidence or give it no weight. Stick to what you personally saw, heard, or did. Do not repeat what someone else told you unless that person is also filing a witness statement.
How long should my witness statement be?
There is no set length. It should be as long as necessary to tell your story clearly and chronologically. Most consumer disputes require 1-3 pages. Complex matters may require more.
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