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Evidence and witnesses

Evidence and witnesses can be presented at a hearing to help each party prove their case. At the hearing QCAT may allow each party the opportunity to:

  • call or give evidence
  • examine, question and re-question a witness and
  • make a submission to recover legal costs from the other party.

The tribunal may place some restrictions on this, for example if enough information has been presented to allow a decision to be made, the tribunal may not allow the parties to present more information.

The tribunal may on its own initiative:

  • call a person to give evidence
  • examine a witness on oath or require a witness to give evidence by statutory declaration
  • examine or question a witness to obtain information
  • order a witness to answer questions that are relevant to the proceeding.

Evidence must be given orally or in writing and if required, under oath or by affidavit.

Ordering a person to attend your hearing or produce documents
You may believe that a person should attend your hearing to provide evidence or a person has documents that could be used as evidence. You can apply to QCAT to order this person to attend or produce the documents by completing and lodging Form 38 - Application for notice requiring witness to attend or produce document or thing (PDF File, 337.2 KB).

Only QCAT can order a person to attend a hearing or to produce documents by issuing an attendance notice. QCAT may charge a fee for this service. If a person is willing to attend or produce a document you do not need to apply to QCAT.

Children and other special persons
Where a witness is a child or a person who QCAT considers would be likely to:

  • be disadvantaged because of their mental, intellectual or physical impairment or a relevant matter, or
  • suffer severe emotional trauma, or
  • be so intimidated as to be disadvantaged.

QCAT may make special arrangements including allowing a support person to be with them while they give evidence, obscuring their identity or excluding a particular person from the proceeding.

Read more about your matter type before making an application.

Last reviewed
10 November 2011
Last updated
27 March 2012

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