​ሕግንና ደንብን በተመለከተ እርዳታ ማግኘት ይፈልጋሉን? - Amharic | هل تحتاج لمساعدة قانونية؟ - Arabic | ܤܢܝܼܩܵܐ ܝ݇ܘ̤ܬ ܠܗܲܝܵܪܬܵܐ ܩܵܢܘܿܢܵܝܬܵܐ؟ - Assyrian | Need Legal Help? - Auslan | Treba li vam pravna pomoc? - Bosnian | Burmese â Need Legal Help? | 需要法律帮助吗? - Chinese Simplified | 需要法律幫助嗎? - Chinese Traditional | Trebate li pravnu pomoć? - Croatian | ضرورت به کمک قانونی دارید؟ - Dari | Wïc Kuɔɔny në Wɛ̈t Löŋ? - Dinka | آیا به کمک حقوقی نیاز دارید؟ - Farsi | Gadreva na Veivuke Vakalawa? - Fijian | Kailangan ninyo ba ng tulong na panglegal? - Filipino | Besoin d’aide juridique ? - French | Χρειάζεστε βοήθεια σε νομικά ζητήματα - Greek | क्या आपको कानूनी सलाह चाहिए? - Hindi | Butuhkan Bantuan dalam Masalah Hukum? - Indonesian | Hai bisogno di assistenza legale? - Italian | ត្រូវការជំនួយលើបញ្ហាផ្លូវច្បាប់ឬទេ? - Khmer | 법적인 도움이 필요하십니까? - Korean | Ви треба ли помош со правни работи? - Macedonian | कानूनी सहयोग चाहिएको छ? - Nepalese | Necessita de ajuda com questões jurídicas? - Portuguese | Вам нужна юридическая помощь? - Russian | E Manaomia Fesoasoani i Mea Tau Tulafono? - Samoan | а ли вам треба помоћ у правним питањима? - Serbian | Ma u baahan tahay Caawimmad xagga sharciga ah?- Somali | ¿Necesita ayuda con cuestiones jurídicas? - Spanish | சட்ட உதவி தேவையா? - Tamil | ท่านต้องการความช่วยเหลือทางด้านกฎหมายไหม? - Thai | Fiema’u ha tokoni Fakalao? - Tongan | Yasal Danışmaya İhtiyacınız mı var? - Turkish | Cần Được Giúp Đỡ Về Luật Pháp? - Vietnamese |

Evidence

Evidence is information or things that help to prove or disprove the existence of a fact. For example, a letter from an employer offering you a job at a certain wage could be used as evidence of what you should have been paid. Evidence can be a testimony by a witness, or documents such as letters, emails, text messages, pay slips and time sheets.

    Who can give evi​dence for ​my case?

    You should work out who you need to be a witness in your case. Witnesses could be: 

    • work colleagues
    • your manager or managers
    • anyone else who can give evidence about why or how you were underpaid or not given your correct entitlements. 

    In small claims cases, evidence from witnesses may be in the form of a statement or an affidavit. An affidavit is a written statement where the contents are sworn or affirmed to be true. You will need to prepare your own affidavit, because you will be your main witness. 

    If a witness provides an affidavit for your case, it is likely they will also need to give evidence at the hearing. It is a good idea to subpoena your witnesses to make sure they turn up. A subpoena is a court order requiring someone to attend a hearing or produce documents related to the case.

    For information on how to prepare a subpoena, see Subpoenas.​

      Small claims (claims for $20 000 or less) in the Federal Circuit Court may be less formal than other types of cases. The judge may order you and your employer to prepare written statements instead of affidavits. Unlike affidavits, written statements are not usually sworn or affirmed, but they are signed.   

    How do I prepare a witness s​tatement or an affidavit?

    You can get an affidavit form from the ‘forms’ page of the Federal Circuit Court ​website. When preparing an affidavit, you need to consider what evidence you or your witness can give that is relevant to your case. For example, an affidavit that supports your case might include evidence about:

    • the award or enterprise agreement you were covered by
    • the length of your employment
    • your work hours and pay
    • any leave you have taken in the past.  

    You can also attach documents to your affidavit (called 'annexures') as evidence to support your case, such as:

    • pay slips
    • timesheets
    • a copy of the award or enterprise agreement you say covers you
    • correspondence, such as emails and letters from colleagues, managers and your employer.

    For more information, see Affidavits and statements.

    Icon - hintIf you have been ordered to prepare witness statements, there is no particular form the statements need to be in.  Ma​ke sure that each witness:

    • includes the case details (such as the parties’ names and the case number)
    • includes their name and address
    • signs their statement.  

    How can I get docum​​​ents I don't have?

    If you don't have the documents that you need for your case, you may be able to get an order from the court telling the person who has the documents to produce them to the court. This is called a ‘Subpoena to Produce’. Once the documents are produced, the court will usually let you see them and make copies of what you need. 

    If you think you will need to subpoena documents, it is a good idea to mention this at the first directions hearing, or at any further directions hearings.​

     You may be able to request information under the Government Information (Public Access) Act (GIPA - previously Freedom of Information) if the documents or evidence you want are held by a NSW government department. For more information about making a request under GIPA, go to the Information and Privacy Commission​ website .

    For information on how to prepare a subpoena, see Subpoenas. 

    What do I do once I've completed my affidavits or state​ments?

    You will need to file each affidavit or statement with at least three other copies at the Federal Circuit Court registry. The court will seal (stamp) the originals and the copies. You must then serve (give) a copy of each on your employer. You can serve them at your employer's address for service, which should be on their Response. If they have a lawyer, then the address for service will usually be the lawyer's address. You can serve them in person, by post or by fax. 

      Make sure you file and serve your affidavits or statements by the date ordered by the court. You may not be allowed to use evidence if you file and serve it after the due date. 

    What happens n​ext?

    After you have served your evidence, your employer will usually have to file and serve their affidavits or statements. They will need to be served on you by the date ordered by the court at the first or further directions hearing.

    If the court made an order about you serving further evidence in reply, this means you can prepare further affidavits or statements that deal specifically with the evidence in your employer's affidavits or statements.

    For more information on affidavits and statements, see Affidavits and statements.  

      Make sure you serve any affidavit in reply by the date ordered by the court.​