Evidence and witnesses can be presented at a hearing to help each party prove their case. A decision will be made based on the law and the evidence presented.
At the hearing QCAT may allow each party to:
- call a person to give evidence or give evidence themselves
- examine, question and re-question a witness.
The tribunal may place some restrictions on evidence and witnesses. 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:
- 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 relevant to the proceeding.
Evidence must be given orally or in writing and if required, under oath or by affidavit.
Electronic evidence in minor civil dispute proceedings
You must print out all electronic evidence.
Sometimes evidence (such as photos, receipts, emails or text messages) may be stored in an electronic device such as a mobile phone, tablet or computer or on a CD, DVD or portable drive. You must provide a printed copy of this evidence with your application if you wish to use and rely on it at the hearing.
The tribunal will not accept a CD, DVD or portable drive for filing and will not consider evidence provided only in an electronic format.
Electronic evidence in all other types of matters
The Tribunal will accept audio, video and photographs that are on a USB storage device provided it is in one of the following file formats:
3GP,[a] ASF, AVI, DVR-MS, FLV, Matroska (MKV), MIDI,[b] QuickTime File Format, MP4, Ogg, OGM, WAV, MPEG-2 (ES, PS, TS, PVA, MP3), AIFF, Raw audio, Raw DV, MXF, VOB, RM, Blu-ray, DVD-Video, VCD, SVCD, CD Audio, DVB, HEIF, AVIF
AAC, AC3, ALAC, AMR,[a] DTS, DV Audio, XM, FLAC, It, MACE, MOD, Monkey's Audio, MP3, Opus, PLS, QCP, QDM2/QDMC, RealAudio,[c] Speex, Screamtracker 3/S3M, TTA, Vorbis, WavPack,[d] WMA (WMA 1/2, WMA 3 partially)
Digital Camcorder formats
MOD and TOD via USB
PDN, PNG, JPG, JPEG, JPE, JFIF, EXIF, JXR, WDP, WMP, BMP, DIB, RLE, GIF, TGA, DDS, TIF, TIFF, WEBP
The USB storage device must be accompanied with a signed electronic evidence declaration available here. For more information about the requirements for filing audio, video and photographs, see Practice Direction No. 11 of 2020.
Ordering a person to attend your hearing or produce documents
If you believe a person should attend your hearing to provide evidence or produce documents, you can apply to QCAT to order this person to attend or produce the documents using Form 38 - Hearing notices: application for notice requiring witness to attend a hearing or produce document/thing at a hearing .
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 witnesses
QCAT may make special arrangements for 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
- be disadvantaged because they are intimidated.
QCAT may allow a support person to be with them while they give evidence, obscure their identity or exclude a particular person from the proceeding.