ACAT Evidence Rules: How to Prepare and Present Evidence for Your Civil Dispute

The evidence you bring to ACAT will decide your case. The tribunal member wasn't there when the contractor walked off the job or the invoice went unpaid — they're relying entirely on what you put in front of them. Disorganised or incomplete evidence is the single biggest reason self-represented claimants lose winnable disputes.

What Counts as Evidence

ACAT accepts a wide range of documentary evidence for civil disputes:

• Contracts, written agreements, scopes of work, and any agreed variations
• Tax invoices, receipts, and bank transfer confirmations
• Email chains, text messages, and written admissions from the respondent
• Dated photographs (with location data if available)
• Expert inspection reports and independent repair quotes
• The letter of demand and proof it was delivered

You don't need a lawyer to present this material. What you need is organisation.

Building Your Evidence Bundle

After the directions hearing, the member will set dates for exchanging evidence — you give your bundle to the respondent and ACAT, they give theirs to you. The bundle should be:

Paginated sequentially — page 1 through to the end, with a table of contents at the front listing each document and its page number.

Logically ordered — chronological is usually best. Start with the contract or agreement, then the correspondence showing the dispute developing, then quotes or assessments of loss, then the demand letter.

Clean and legible — no blurry photos, no screenshots with half the text cut off. If a text message conversation is key evidence, screenshot the full thread, not just the damaging line.

Redaction

Before filing anything with the tribunal, redact sensitive information that isn't relevant to your claim: credit card numbers, tax file numbers, bank account passwords, medical records. The tribunal and the other side both get copies of everything you file — keep personal data to what's necessary.

Submit copies to the registry. Keep your originals for the hearing — the member may ask to inspect them.

Photographs and Digital Evidence

Photos are often critical in property damage, construction defect, and consumer disputes. Date-stamp them if your camera doesn't do it automatically. If you're photographing damage over time (progressive water damage, cracking), take photos from the same angle on different dates to show progression.

For text messages and chat logs, screenshot the entire relevant thread including timestamps and the contact name/number. The member needs to see the context, not isolated messages.

Witness Statements

If someone witnessed the events — a neighbour who saw the damage happen, a friend who was present when the contractor agreed to the job — their evidence strengthens your case. Witnesses can attend the hearing to give oral evidence; follow ACAT's directions if you also plan to include a written statement.

If a witness won't attend voluntarily, you can ask ACAT to issue a subpoena compelling their attendance. You'll need to provide "conduct money" to cover their reasonable travel expenses.

Scott Schedules for Building Disputes

Construction and defect disputes use a Scott Schedule — a structured table listing each defect, the applicant's proposed remedy and cost, and the respondent's reply. The tribunal directs both parties to complete this jointly before the hearing. It forces both sides to engage with specifics rather than arguing in generalities.

The 6-Month Lapsing Rule

If your case stalls — no evidence filed, no steps taken — proceedings lapse after 6 months of inactivity. This rule was recently reduced from 12 months. File your evidence on time, attend your conferences, and keep the matter moving.

The ACAT civil dispute guide includes an evidence index template and a pre-hearing checklist to make sure nothing gets missed before your hearing date.

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