Evidence and witnesses

NCAT decides cases on the evidence presented at the hearing. You will need evidence to prove your case and to respond to any issues raised by the other party.

Verbal evidence

At the hearing you will have the opportunity to give verbal evidence. The applicant will usually speak first, followed by the respondent. Be truthful and accurate as you will be asked questions about your evidence.

Written evidence

Written evidence can be given to NCAT before the hearing in the form of a statement or an affidavit.


A written statement can be used as evidence to support a case. This can be the statement of the applicant, appellant or respondent or a witness. A statement only needs to be signed by the person and does not have to be sworn or affirmed.

Visit the Legal Aid NSW website for information and tips on preparing statements.


An affidavit is a written record of the facts of the case as you see them. Affidavits are sworn or affirmed in front of a Justice of the Peace (JP) or a solicitor.

Download the NCAT Affidavit Form (DOC, 56.5 KB).

Visit the Legal Aid NSW website for information on how to write affidavits.

Attaching documents to an affidavit or statement

If you refer to other documents in a statement or affidavit, attach and number them in the order. For example, 'Paul Jones Pty Ltd has an equal opportunity policy (see Attachment 1) and a separate harassment policy (see Attachment 2).'


You will need to provide NCAT and the other party with relevant documents in support of your case. For example:

  • Character references
  • Medical reports
  • Contracts
  • Letters
  • Emails
  • Invoices
  • Phone records 
  • Minutes of meetings
  • Plans and drawings  
  • Photographs and film (CCTV footage).

Place your documents in a folder and label them for easy access during the hearing.  Bring copies of your documents to give to the other parties and to the Tribunal Member.

If you need evidence for your hearing and the person and organisation will not provide you with that information, you can request a summons


Submissions are documents or items sent to NCAT which a party intends to rely on at a hearing. This may include:

  • Witness statements
  • Experts reports
  • Replies
  • Affidavits or statements.

In some NCAT cases, a Tribunal Member may ask you to file submissions to support your case or to file submissions in response to a directions hearing.

How to file a submission

Submissions must be provided in printed copies either by post or in person at an NCAT Registry.

Parties may need to file multiple copies depending on how many Members will hear the case. NCAT will advise if multiple copies are required.

NCAT generally does not accept the filing of submissions or evidence by email unless:

  • you have been directed by NCAT
  • it is for the Guardianship Division, which as a protective jurisdiction accepts documents sent by email.

Due dates for submissions

During a hearing, a Tribunal Member will provide due dates for when your submissions need to be sent to NCAT.

If you are sending submissions by post, keep in mind delivery times and how long it may take for your submission to arrive at NCAT. 

NCAT will not send copies of submissions received by you to the other party or parties in your case. It is up to you to send your own submissions to the other party/parties.

For more information

If you are unsure about your requirements for a submission, contact the NCAT Registry who can assist with your enquiry.


Witnesses can provide a statement or affidavit in support of your case. They may also be called to give evidence in person at the hearing.

Expert witnesses

If you need evidence of a technical nature you may want to engage an expert to provide you with a report. The expert may also give verbal evidence at the hearing. 

Read NCAT Procedural Direction 3 - Expert Evidence (PDF, 148.4 KB) for more information about evidence from expert witnesses and the Experts' Code of Conduct.

False or misleading evidence

Under section 71 of the Civil and Administrative Tribunal Act 2013 a person must not in any proceedings or application provide any information, or make any statement, to NCAT knowing that the information or statement is false or misleading.

Last updated:

02 Apr 2024

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