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
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.
Children and other special witnesses
QCAT may make special arrangements for a witness who 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
- suffer severe emotional trauma; or
- be disadvantaged because they are intimidated
Special arrangements QCAT can make for children and special witnesses
QCAT may allow the following in relation to children and other special witnesses:
- that only particular persons may be present when the special witness gives evidence
- that only particular persons may ask questions of the special witness
- that the questioning of the special witness must be restricted to a stated time limit
- that a particular person must be obscured from the view of the special witness while the special witness is giving evidence
- that a particular person must be excluded from the place where the hearing is held while the special witness is giving evidence
- that the special witness must give evidence in a place other than where the hearing is held and in the presence of only stated persons or with stated persons being excluded from the room
- that a person, including, for example, a support person under section 91, must be present while the special witness is giving evidence to give emotional support to the special witness
- that an audio visual record of the evidence given by the special witness be made and that the record be viewed and heard at the hearing instead of the special witness giving direct testimony at the hearing
Please notify the QCAT registry as soon as possible if you require QCAT to consider special arrangements.