Evidence for Small Claims Court Tasmania

Your conciliation conference didn't produce a settlement, and now the matter is listed for hearing. The magistrate will decide your case on the evidence you present — not on how loudly you argue. Here's how to build an evidence bundle that works.

The Evidence Standard

Minor civil claims in Tasmania are decided on the balance of probabilities — you need to show it's more likely than not that your version is correct. Under Section 31AC of the Magistrates Court (Civil Division) Act 1992, the magistrate isn't bound by formal rules of evidence and can inform themselves as they see fit. That's less formal than the general civil division, but it doesn't mean sloppy evidence wins.

Building Your Document Bundle

The court issues directions before the hearing with a deadline for filing and exchanging evidence bundles. Both sides must provide copies to the court registry and to the opposing party by that date.

Your bundle should be indexed and page-numbered with clear tabs or dividers. Include:

Contracts and agreements. The original written agreement, quote, purchase order or terms of service. If it was a verbal agreement, write down what was agreed — date, parties, price, scope of work.

Financial records. Invoices with dates and amounts, receipts for payments made, bank statements showing transfers. If your claim involves multiple transactions, prepare a summary table showing each payment, the date and a running balance.

Correspondence. Emails, text messages and letters that show the dispute. Include your letter of demand and proof of delivery (registered post receipt). Print text messages with visible dates and phone numbers — screenshots are fine.

Photographs. High-resolution photos of damage to property, defective work or goods. Date them if possible (file metadata, or photograph them alongside a newspaper). Present them in chronological order with captions explaining what each photo shows.

Expert evidence. Repair quotes, trade assessments or valuation reports from independent professionals. Two quotes are better than one — it shows the amount claimed is reasonable, not inflated.

Chronology. A one-page timeline of events from the initial agreement through to the hearing date. The magistrate processes a lot of cases — a clear chronology helps them follow your story without flipping through 40 pages.

Witness Evidence

If someone witnessed the work, the damage or a conversation relevant to the claim, prepare a written witness statement signed by the witness. It should cover what they saw, when they saw it and where.

If a witness refuses to attend voluntarily, you can apply under Rule 102 for a Summons to Witness (subpoena) requiring their attendance. You need to serve the summons personally and provide conduct money to cover their travel expenses.

At the Hearing

The standard sequence:

1. Check in at the registry counter 15 minutes early
2. The claimant presents their case first — outline the claim, walk through your evidence, call witnesses
3. The defendant cross-examines your witnesses and presents their evidence
4. You cross-examine the defendant's witnesses
5. Both sides make brief closing arguments
6. The magistrate delivers a ruling (or reserves for a written decision later)

Address the magistrate as "Your Honour." Stand when speaking. Stay factual — the magistrate has your evidence bundle and doesn't need emotional speeches.

Self-Representation

In minor civil claims, legal representation is restricted under Section 31AD of the 1992 Act. You represent yourself unless the other side is a lawyer, both parties agree to representation, or the court grants special leave. You can bring a support person — a friend or family member — to sit beside you, but they can't speak on your behalf.

If you need an interpreter, request one through the registry in advance — the court provides free interpreter services.

For evidence checklists and hearing preparation worksheets, see our Tasmania minor civil claim guide.

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