Find out about providing evidence including statements and submissions to support your minor civil dispute case.
QCAT may ask you to prepare and submit documents and material to prove your case. This is called your evidence. Whether you are the applicant or respondent, it is important that you understand what evidence is and how best to prepare it appropriately for the QCAT decision-maker.
QCAT staff cannot advise you what particular evidence you should file as this is considered legal advice.
Evidence describes, explains, demonstrates or supports a party’s claims about what happened in the matter. It is the body of facts and information you collect and submit to support and prove your argument. QCAT will make a final decision in the matter based on the evidence presented.
Your evidence can be in various forms such as:
Practice Direction No. 4 of 2023 (PDF, 263.7 KB) outlines information about residential tenancy disputes, including information on managing documents, photographs (including via QCase), video footage, ensuring details are up-to-date, and naming correct party/parties.
There are two ways evidence is given to QCAT. Evidence is given in writing or orally.
Written evidence is usually given to QCAT before the final hearing of your matter. Written evidence comes in various forms, including affidavits, statutory declarations, statements and other documents.
Giving your written evidence to QCAT before your final proceeding allows QCAT to consider it and request further evidence if required. It also allows all parties to respond and prepare for the final hearing.
If you want a witness to appear at your hearing, a written statement usually must be filed first otherwise the witness may not be able to attend the hearing.
Oral evidence is usually given at the final hearing of the matter. If required, the oral evidence must be provided under oath. The QCAT decision-maker may allow each party to:
The QCAT decision-maker may also on their own initiative:
This is your opportunity to present your evidence to QCAT to support your case. It is important to read through the below guide carefully to understand what is required of you when filing evidence.
QCAT looks at the evidence to decide each case. It is solely your decision as to what particular evidence you present to QCAT.
The evidence you provide should be relevant to your case and directly link to the arguments you are making or arguing against. Try your best to be clear and concise.
QCAT may also place some restrictions on evidence and witnesses. For example, if enough information has been presented to enable a decision to be made, QCAT may not allow the parties to present more information. QCAT will advise you of this as the matter progresses
In most minor civil dispute cases, evidence should be lodged in writing as soon as possible prior to the hearing, and a copy must be given to the other party. You must give the other party/s a copy of any additional material filed at QCAT, in relation to your matter. Please do not wait till the day of the hearing to give the other party material you wish to rely upon.
If you need to amend evidence you have already filed before the final hearing, the QCAT decision-maker can also consider this request. To make these requests you should consider filing an application for directions.
It is important that the evidence you present to QCAT is clear, concise and understandable. To assist the QCAT decision-maker and other parties to understand your evidence, you should do the following:
While you can file any evidence to support your case, sometimes QCAT may ask for specific documents to be filed in a specific format.
To assist you, the below table lists some of the common document types. Templates or guides about how to prepare these in the correct format have also been included.
(Please note you are not required to file every document in the below list, only the documents as required to support your case)
Document Type
Description
Statements
The preparation of statements is the main part of your case. A statement is a written account of the facts and events of your case. Statements from you, as an applicant or respondent, and any other witnesses will form the evidence you intend to rely on to support your case at QCAT. Any attachments you include must be numbered and explained in the statement.
Affidavit
An affidavit is a statement of written facts which the maker either swears or affirms to be true before a qualified witness. This is essentially the paper-based version of swearing upon the bible or making an affirmation in a hearing before giving verbal evidence. The rules in relation to giving an oath apply. Witness statements preferably should be a sworn document in the form of an affidavit.
Submissions
Submissions are your legal argument. Submissions are different to statements of evidence or affidavits. Statements of evidence are about facts. Written submissions are your opportunity to argue your case. They allow you to identify the law that you believe applies to the facts and explain how you say the law applies to the facts of your case.
There is no template required for drafting submissions. You can simply draft your submissions in the matter in a normal document which you sign and date. Ensure you clearly name the document as submissions
If you do not have any independent evidence or have already filed your evidence when making your initial application or response do not worry. Just advise QCAT in writing as soon as possible or when you appear at the hearing that you do not have further evidence to file.
Sometimes you may want to obtain documents from third parties and they will not provide it without a formal order from QCAT. If you require documents or material to be produced by a third party, you can ask QCAT to make orders. If a person is willing to produce a document to a party you do not need to apply.
You can apply to QCAT for an order directing another party or third party to produce documents or material you believe is evidence before the hearing. There are fees for making this type of application.
If you apply to QCAT for this type of order the material is usually produced to QCAT unless otherwise ordered. You must book a file inspection to view and consider the produced material, copy it and add it to your evidence yourself.
Material produced to QCAT by order is not automatically accepted as your evidence unless otherwise ordered by the QCAT decision-maker.
QCAT may charge a fee for these services. You also cannot assume QCAT will automatically grant the application to produce documents.
When filing your evidence at QCAT, please note that if you file evidence via email, it cannot exceed 30 pages. QCAT will not print the emailed material you file if it exceeds 30 pages and you must then file your material in hard copy.
Emailing your material also only counts as one copy. If you are required to file two copies of your material and you file one copy via email, you must send another copy to QCAT via post to follow.
It can take several days between when a document is mailed or emailed to QCAT, and when it makes its way to the QCAT file. Therefore, you should ensure you file any material at least 5 business days in advance.
If you provide evidence to QCAT, you must serve a copy of that evidence on the other parties in the case. If you are non-compliant, QCAT can make orders against you in the case for non-compliance or determine the matter without the material or submissions.
When filing your evidence at QCAT in minor civil proceedings, you are required to file your evidence in one of the following ways:
Queensland Civil and Administrative Tribunal
Floor 11, 259 Queen Street
Brisbane Qld 4000
Queensland Civil and Administrative Tribunal
GPO Box 1639
Brisbane Qld 4001
*If your matter relates to a tenancy dispute your evidence/response should be submitted to the courthouse nearest the rental property
QCAT may make special arrangements for a witness who is a child or a person who QCAT considers would be likely to:
QCAT may allow the following in relation to children and other special witnesses:
Please notify the QCAT registry as soon as possible if you require QCAT to consider special arrangements.
