Preparing Documents and Evidence for NCAT

Start with the issues and directions

NCAT decides a case on the evidence before it. Identify the issues and the orders sought, then read the notice and directions for your case. The Consumer and Commercial Division's hearing checklist is useful for that division; other NCAT divisions can have different requirements.^[1][2]

Do not delay complying with any tribunal deadline while awaiting a response from PETERLEX.

Select relevant documents

Create a working list of the important factual issues and the record connected to each one. Depending on the dispute, useful records may include an agreement, payment confirmation, invoice, message, photograph or report. Explain the connection rather than simply gathering everything you can find.

Put the selected records in a logical order. Add a short index, consistent page numbers and clear document labels. Keep an original copy of electronic records and enough context to understand a message or photograph. A readable file makes it easier to refer to an event during the hearing.

Prepare witness material properly

Ask each witness to record their own relevant knowledge. Distinguish what they personally observed from information received from someone else. NCAT's guidance distinguishes a signed statement from an affidavit, which is sworn or affirmed before an authorised person. When the statement refers to attachments, identify and number them consistently.^[1]

If a technical issue needs an expert, check the applicable directions and NCAT's expert-evidence requirements before assuming an ordinary opinion letter will be sufficient. Keep questions for professional advisers specific to the issue the Tribunal must decide.

File and exchange through the correct route

Use the submission method and dates directed for your case. NCAT's general evidence guidance says submissions are usually provided in printed copies and that email filing is generally not accepted unless directed or a specified exception applies. Check the relevant division's current instructions or ask the registry; do not rely on sending an email and hoping it is accepted.^[1]

Give the other party the material required under the directions and retain proof. NCAT does not generally distribute your submissions to the other parties for you. Allow for postal delivery where relevant and confirm any requirements for electronic evidence, video or bulky documents before the hearing.^[1]

Prepare for the listing

Bring an organised copy and mark the records you expect to use. At a Consumer and Commercial Division conciliation and group-list hearing, the matter may be finalised that day. For a remote hearing, test the connection and arrange witness availability.^[2]

Common mistakes

• Assuming an email has satisfied filing requirements.
• Providing the Tribunal with documents but omitting the other party.
• Using a witness statement full of argument rather than first-hand facts.
• Expecting a photograph or expert report to speak for itself without context.

When to obtain legal advice

Obtain advice about jurisdiction, privilege, complex expert issues or possible appeals. PETERLEX can consider document organisation and administrative preparation; permission to represent a party is a separate question under NCAT's rules.^[3]

Take the next step

Explore NSW DISPUTE SUPPORT for practical preparation assistance with a suitable matter.

Frequently asked questions

Official sources

1. NCAT, Evidence and witnesses
2. NCAT, Hearing preparation checklist
3. NCAT, Representation