Preparing your evidence for QCAT
What evidence can I gather to support my case?
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
When should I prepare my evidence?
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.
How should I prepare my evidence?
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:
- provide statements or affidavits for each of your witnesses
- type and number each page of your statements
- date and sign your statements and submissions
- have your statements witnessed if required
- number any attachments to your statements and clearly refer to them in your statements
- ensure your case number is on your material
- keep your evidence neat and tidy and in chronological order
- submit the correct number of copies of your material requested by QCAT
- if large and detailed, provide your material in white folders if possible; and
- use the template guides to prepare your evidence in the suggested format below
What format do I prepare my evidence in?
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. Please view the attached guide and checklist for more information on how to prepare statements. Please also view the attached statement template that you can use for your statements |
| 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. Please view the attached template of an affidavit that you can use for your affidavits |
| 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 |
What if I do not have any other evidence available?
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.
What if an entity or person is not willing to provide evidence to me?
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.
You can learn more about accessing your file to inspect produced documents here.
How do I file and serve my evidence?
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:
| Email to the QCAT Brisbane registry (if the matter is listed in Brisbane)* | enquiriesQCAT@justice.qld.gov.au |
|---|---|
| Email to your local Magistrates Court (if the matter is listed outside of Brisbane)* | Click here to find a list of Queensland Magistrates Courts. |
| In person or via mail to your local Magistrates Court* | Click here to find a list of Queensland Magistrates Courts. |
| In person at the Brisbane registry | Queensland Civil and Administrative Tribunal Floor 11, 259 Queen Street Brisbane Qld 4000 |
| Mail to the Brisbane registry | 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
*Disclaimer – The above information was taken from the Queensland Civil & Administrative website as accurate in January 2023. If any changes are made by the court from that date they may not be reflected in this post