VCAT Expert Witness and Witness Statement Rules in Victoria

Witness Statements at VCAT

If someone other than you witnessed events relevant to your dispute — a neighbour who saw the contractor leave without finishing the job, a colleague who was present when the faulty goods were delivered — their evidence can strengthen your case. At VCAT, witness evidence is submitted as a written statement and the witness attends the hearing to confirm it and answer questions.

A witness statement must be:

• Written and signed by the witness
• Dated on the day it was signed
• Contain a statement of truth — a declaration that the contents are true and correct to the best of the witness's knowledge

The statement should cover only facts the witness personally observed or experienced. Opinions, speculation, and hearsay ("someone told me that...") carry little weight. Keep the statement focused on what the witness saw, heard, or did, and when.

You must notify VCAT and all other parties in advance of how many witnesses you plan to call and what each witness will address. Failure to give adequate notice may result in the Tribunal Member refusing to hear the witness or adjourning the hearing with costs against you.

Expert Witnesses

Expert witnesses provide professional opinions based on specialised knowledge — a qualified mechanic assessing whether a car repair was done properly, a building inspector evaluating the quality of renovation work, or a valuer estimating the cost of rectifying defective goods.

Expert evidence is particularly valuable for disputes involving technical questions that a Tribunal Member cannot assess from photographs alone. If you are defending a claim about defective building work and you have an independent builder's report saying the work meets Australian Standards, that carries far more weight than your own assertion that the work looks fine to you.

An expert report should:

• State the expert's qualifications and experience
• Describe what they were asked to assess
• Set out their findings with reference to industry standards, codes or regulations
• Provide their professional opinion on the technical question
• Be signed and dated

The need for expert evidence depends on the issues, not the claim amount. For a technical dispute, a concise report from a qualified professional can help the Member assess the evidence; follow any directions VCAT gives about expert reports and their exchange date.

Compelling a Reluctant Witness

If a witness who has relevant evidence refuses to attend voluntarily — perhaps a former employee who does not want to get involved, or a third party who holds key documents — you can apply to VCAT for a Summons to Witness under section 104 of the VCAT Act.

A summons compels the named person to attend the hearing and/or produce specified documents. Applying for a summons involves a Tribunal fee, and you must pay conduct money to the witness to cover their reasonable travel and attendance expenses.

The summons must be served on the witness in sufficient time before the hearing for them to comply. Serving a summons two days before the hearing is unlikely to be effective and may result in the Member refusing to enforce it.

Practical Tips

Prepare your witnesses. A witness who arrives at the hearing without having reviewed their own statement will stumble and appear unreliable. Go through the statement with them beforehand — not to coach them on what to say, but to refresh their memory of events that may have happened months ago.

Bring your witnesses or make arrangements. For in-person hearings, your witness needs to be at the venue. For remote hearings, your witness needs the Microsoft Teams link and a working connection. Coordinate this in advance.

Do not submit evidence from witnesses who will not attend. A written statement from someone who does not come to the hearing to be questioned is given limited weight. The other party cannot test the evidence, and the Member will be reluctant to rely on it for contested facts.

For the complete process of preparing evidence and responding to a VCAT claim, see our step-by-step guide.

See more Victoria guides →