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.
What is evidence?
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:
- written statements or affidavits by a person or witness in which the person describes what they did, saw, said or heard
- written documents which support what you say or what was agreed to, such as a written contract, plans or maps
- financial records such as bank statements, copies of invoices, bills or receipts
- letters or other correspondence
- photos or videos that support your claim or prove an aspect of it (rules apply see below)
- expert reports from professionals such as a doctor or an engineer; and
- oral evidence provided at hearing
How is evidence given to QCAT?
Written evidence
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
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:
- call a person to give evidence or give evidence themselves; and
- cross-examine, question and re-question a witness
The QCAT decision-maker may also on their own initiative:
- call a person to give oral evidence
- examine a witness on oath
- examine or question a witness to obtain information; or
- order a witness to answer questions relevant to the proceeding, unless the person has a reasonable excuse
*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
