ACAT Evidence Rules — Witness Statements, Scott Schedules, and Document Standards

ACAT is not bound by the formal rules of evidence that apply in the ACT Supreme Court or Magistrates Court. Under section 8 of the ACT Civil and Administrative Tribunal Act 2008, the tribunal can inform itself on any matter as it sees fit, subject to procedural fairness. That sounds forgiving — until you turn up with a shoebox of receipts and no index, and the opposing party hands up a neatly paginated bundle.

Witness Statements

Written witness statements are the primary vehicle for factual evidence. Each statement must be in numbered paragraphs, signed, and dated. State what the witness personally observed or did — the timeline, the conversations, the condition of goods or workmanship. Keep opinions about legal fault out of it; those are submissions, not evidence.

If a key witness refuses to attend voluntarily, apply under Rule 78 of the Procedures Rules for a subpoena to attend and give evidence or produce documents. The subpoena fee is $48 for individuals and $96 for corporations. Serve it at least five business days before the hearing and tender conduct money to cover travel expenses.

Scott Schedules for Building and Defect Disputes

A Scott Schedule is a structured table used to itemise individual defects or items of damage in building, renovation, and trade disputes. Each row lists one defect, the respondent's position (admit, deny, or alternative explanation), and each party's assessed cost to rectify.

ACAT commonly directs the use of Scott Schedules in building defect matters because they force both sides to address each claimed defect individually rather than arguing about a lump sum. If the tribunal directs one, you will typically receive a template and a deadline for completion. Fill it in methodically: photograph each defect, obtain a written quote for rectification where possible, and cross-reference each row to a page in your evidence bundle.

Document Formatting

Practice Note 3 of 2024 and tribunal presentation directives set the standard:

• Bundles capped at 250 A4 pages per folder, sequentially numbered
• Cover page with case title, XD reference, and party details
• Chronological index referencing page numbers for every document
• Three copies at the hearing: one for the tribunal, one for the other party, one for yourself

Photographs should be printed in colour where the detail matters (water damage, paint defects, cracks) and labelled with the date taken and what the image shows. Digital evidence — screenshots of text messages, emails, online advertisements — should be printed with metadata visible (sender, recipient, date, time).

What ACAT Will Not Accept

Although ACAT is not bound by formal evidence rules, natural justice and procedural fairness still apply. Keep evidence relevant and organised, and follow any directions the tribunal makes. Submissions by email that exceed 40 pages, use more than three attachments, or are sent as compressed ZIP files will be rejected by the registry.

For a complete evidence organisation system — including index log templates, a Scott Schedule worksheet, and a photo evidence checklist — see the ACT ACAT Response Guide.

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