ACAT Hearing Preparation — What to Bring and How to Present Evidence

An ACAT final hearing is where the tribunal decides the outcome of your civil dispute. The Member is not bound by formal evidence rules — they can inform themselves as they see fit — but unorganised paperwork, missing documents, and vague testimony will hurt your case.

How to Structure Your Evidence Bundle

ACAT's presentation directives under Practice Note 3 of 2024 set clear formatting expectations:

• Maximum 250 A4 pages per folder. If your documents exceed that, split them into separate volumes.
• Sequential page numbering. Every page in the bundle gets a number (Pages 1 to 150, for example), running continuously through all documents.
• Cover page. Shows the case title, XD reference number, party details, and the date.
• Index table. A chronological list of every document with its page numbers, so the Member can locate anything quickly.
• Copies. Bring three complete sets: one for the tribunal, one for the opposing party, and one for your own reference during testimony.

The standard ACAT hearing bundle runs: cover page, index, chronological timeline of key events, signed witness statements, and the supporting documents (contracts, invoices, photographs, correspondence) in the order the index references them.

Witness Statements

Fact evidence is presented primarily through written witness statements. Each statement must be set out in numbered paragraphs, signed, and dated by the witness. Stick to what the witness personally saw, heard, or did — opinions on legal liability do not belong in a factual statement.

A witness statement template is available from the ACAT registry. If a third-party witness will not cooperate voluntarily, you can apply under Rule 78 to have ACAT issue a subpoena requiring them to attend and give evidence. Standard subpoenas must be served at least five business days before the return date, cost $48 per subpoena for individuals ($96 for corporations), and require tender of conduct money to cover the witness's travel.

Remote Attendance

Under Practice Note 1 of 2026, you can attend the hearing via Microsoft Teams unless the tribunal specifically directs in-person attendance. Remote participants need a private, quiet location, a reliable internet connection, a working camera and microphone, and their paginated evidence bundle accessible on screen or beside them. Recording the hearing without authorisation is illegal under ACT legislation.

On the Day

Arrive (or log in) early. Address the tribunal member as "Member" or by their surname. When presenting your evidence, refer to page numbers in your bundle — "I refer you to page 47 of my bundle" is far more effective than rifling through loose papers. The member will give each party an opportunity to present their case, question the other party's evidence, and make closing submissions.

Free professional interpreter services, including Auslan, are available on request by contacting the registry before the hearing date.

The ACT ACAT Response Guide includes a hearing preparation worksheet, evidence index template, and a step-by-step timeline for organising your bundle.

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