How to prepare evidence for the Disputes Tribunal

Winning at the Disputes Tribunal is rarely about clever legal argument — lawyers aren't even allowed in the room. The referee decides on the strength of the story you tell and the evidence behind it, which means most cases are actually won or lost before anyone sits down at the table.

Why the evidence does the heavy lifting

A Tribunal hearing is not a court room — there is only a referee, a meeting room, and both sides telling their story. But the decision at the end IS binding, and with the claim limit now at $60,000, there can be serious money on the line. The referee wasn't there when the tradie botched the job or the buyer stopped answering your texts. All they have is what each of you brings, and the side with the organised, dated, complete account usually has the better afternoon.

What counts as evidence

Pretty much anything that is unambiguous and helps to tell the story. If you're wondering whether something counts — it probably does.

You usually don't need originals — printed copies are fine. What you do need is completeness: the referee will hear both sides, so a gap in your version is an opening for theirs.

Put everything in date order

This is the single highest-value hour you'll spend on this. Take everything you've gathered and sort it by date, then write a short chronological summary of the dispute — what happened, when, with whom, and which document backs each step up.

1. Sort every document, photo and message by date, oldest first.
2. Number each item (1, 2, 3…) and make a one-page index listing what each one is.
3. Write the timeline: a dated list of events, each line pointing at its evidence — "14 March: paid deposit of $2,400 (item 3)".

It sounds tedious, but this will change the Tribunal experience for you. Instead of rummaging for a screenshot while everyone waits, you say "that's item 7", everyone looks at the same page, and you get to be seen as the prepared and responsible one.

Write down exactly what you want to say

Nerves do funny things to memory. The Tribunal's own advice is to write down the main things you want to say — and yes, you can simply read it out at the hearing. Keep it factual and in order: what was agreed, what actually happened, what it cost you, what you're asking for. If you'd rather, you can also give the Tribunal your case in writing beforehand — that's called a written submission, and is completely appropriate.

Send out copies ahead of time — to both sides

You can send documents by email, post, courier or in person. Do it well before the hearing so the referee and the other party have time to read them — evidence that's been read holds more weight than evidence that's being explained for the first time.

You don't 100% have to send out evidence ahead of time. If contacting the other party in the dispute causes you distress, or you have another good reason to stay away, you don't have to do it - evidence presented at the hearing will still usually be taken into account.

Witnesses

If someone saw what happened — the neighbour who watched the fence go up crooked, the friend who was there when the deal was done — ask them to come along. Witnesses answer questions from both parties and the referee, and a person in the room saying "I saw it" carries more weight than a paragraph saying the same thing.

On the day

Bring printed copies of everything, your written notes, and a pen and paper for notes during the hearing. Then it's mostly about staying calm and sticking to your timeline — we've written a separate guide on exactly what happens at a hearing, so nothing on the day surprises you.