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. 

Statements

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 NSW LawAccess website for suggestions on how to prepare a witness statement and to view an example of a witness statement.

Affidavits

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 NSW LawAccess website for information on how to write an affidavit.

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).'

Documents

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

Witnesses

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. 

For more information read NCAT Procedural Direction 3 - Expert Evidence (PDF , 49.4 KB).

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:

18 Jan 2021

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