A witness is a person who can give evidence at a hearing. An expert witness has special knowledge and gives evidence based on that knowledge.
A witness statement is a person’s account of the facts in a case. It is a written summary of the evidence of a witness.
A witness should have personal knowledge of the issues in the case, or expertise about the dispute. Often, the parties to the proceedings are witnesses in their own case and should prepare a witness statement.
When a witness statement is given
QCAT may ask the parties in a case to provide statements that they will rely on at the hearing.
Parties will be given a timeframe in which to prepare or get witness statements.
Each witness statement must be lodged with QCAT and a copy given to any other party in the case (unless QCAT has ordered otherwise).
If you have a case at QCAT, you may need to prepare a witness statement, give evidence in your case as a witness, or ask a person to be a witness for you.
A witness is a person who knows something or has information about the issues in a case. This knowledge or information is called evidence.
A witness should have personal knowledge about the issue. Personal knowledge means something they have seen or heard or done.
A witness is usually required to come to QCAT to give evidence at a hearing.
A witness statement is a written summary of what the witness knows about the case.
Before a hearing, QCAT will require the parties to provide witness statements. It is important that written witness statements be provided to the Tribunal and other parties prior to the hearing, so that all parties know what evidence is being relied upon and to enable a party to provide any further witness statements in response.
QCAT will give parties a timeframe to prepare witness statements.
You should decide who needs to be a witness in your case. This involves carefully considering what you have to prove or establish and how you will respond to what the other party says.
A party is usually a witness in their own case and sometimes they are the only witness.
You can ask an expert to provide a report, or a witness statement. An expert is a person with special knowledge or expertise gained through experience, training and education.
The expert’s witness statement should set out the expert’s qualifications and experience. If the expert has prepared a report, the report should be attached to the expert’s witness statement.
An expert will usually be required to give evidence at a hearing.
In most cases the person who starts the proceeding in QCAT (called the applicant) files their statements first. The person against whom the proceeding is brought (called the respondent) then files their statements of evidence in response. The applicant is then usually entitled to file any further statements of evidence replying to the respondent’s evidence not already dealt with in the applicant’s initial evidence.
There is a witness statement template on our website. It has tips to help a witness to prepare their statement.
A witness statement should:
- state the person’s name, occupation and contact details
- set out the evidence the person will give, in a logical way
- attach any documents referred to in the statement with each document labelled
- have each paragraph and page numbered for easy reference
- be signed and dated when complete.
Witness statements must be lodged with QCAT and given or served on every other party (unless QCAT has made a different order).
A witness who provides a witness statement must be available to give evidence at a hearing.
At the hearing, the witness will be asked to swear or affirm that the evidence they will give is true and correct. They will then give their evidence and may be asked questions by the QCAT member and the other party.
A witness may ask to give evidence by telephone or another way. QCAT will decide whether to approve this request.
Unless QCAT approves the request, the witness will need to be available to give evidence in person at the hearing.
You may need to take steps to make sure that a witness will attend a hearing, such as asking QCAT to issue a notice requiring the witness to attend at the hearing to give evidence. The notice compels a person to attend QCAT to give evidence. A fee must be paid when filing the notice. Generally, there is no need to issue a notice if the witness in willing to attend at the hearing and give evidence. However, there might be occasions where a witness wants a formal notice so that, for example, they can show their employer in order to have time away from work.
A witness may incur costs and expenses giving evidence at a hearing. An expert witness may charge a fee for providing a witness statement. You should discuss this when you ask a person to be a witness in your case.
For more information, please visit the QCAT website.
Preparing a witness statement
If you are a witness, you can use the witness statement template to prepare a statement. This template also has tips for preparing your statement.
When completing the witness statement, it is important to include:
- the name, address, occupation and telephone number of the witness
- the evidence to be given set out in a logical order
- labelled attachments if documents are referred to in the statement
- the date and signature of the witness
- numbered paragraphs and pages for easy reference.
Each party should consider who needs to provide a witness statement. This involves considering what needs to be proven in the case and responding to any issues that have been raised by the other party.
If you do not file and serve a witness statement from a witness you want to give evidence at the hearing, the other party may object and QCAT may not allow the witness to give evidence.
Giving evidence at a hearing
At a hearing a witness may:
- be required to swear or affirm that the evidence they will give is true and correct
- be asked questions by the QCAT member presiding at the hearing and both parties.
Witnesses who provide a witness statement need to be available to give evidence at a hearing at QCAT. Sometimes a witness may give evidence by video conference or by telephone. QCAT will decide whether or not to permit this.
If you are a witness and you, or a witness you are relying upon, want to give evidence by video conference or by telephone, you will need to make an application, which will be considered by QCAT.
A party may need to take steps to make sure that a witness will attend a hearing, such as requesting the tribunal to issue a notice to the witness requiring their attendance at the hearing.
We can organise assistance for witnesses, such as an interpreter, hearing loop or wheelchair access.
Expert witnesses
An expert is a person with experience, through practice and education, in a particular field. An expert witness usually provides evidence in the form of an opinion about matters within their area of expertise.
Parties may ask an expert to provide a report about the issues in a case. An expert witness has an overriding duty to assist QCAT impartially on matters in the expert’s area of expertise.
The expert’s witness statement, or the report prepared by the expert, should set out the expert’s qualifications and experience, and explain how they are able to comment on the issues before QCAT. (insert link to PD)
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