It is important that you are well prepared before you go to the hearing. If you need help preparing for the hearing of your case, follow the steps in the guide on this page.
When preparing for the hearing you may need to prepare your own statement and get statements from any witnesses.
The most important witness statement is your own.
You need to tell the story about the case in a clear and logical way. Your statement should include the names of people, places and dates relevant to your side of the story. It should include all relevant things you saw, heard, did and said.
Witness statements should not include opinions or arguments about the law.
You also need to gather other supporting evidence, which you can refer to and attach to your witness statement. Your supporting evidence could include:
You should ask any other person who saw or heard something that supports your claim to prepare and sign a separate witness statement.
Examples of who could make a witness statement include people who:
In some cases, there will not be any other witnesses and you will only have your own witness statement.
You need to allow plenty of time to have your witness statements written, signed, copied and sent to the plaintiff and filed with the court at least 14 days before the hearing date (unless the court has ordered a different time).
Instructions: Instructions for preparing witness statements
The court will usually order that your statements and evidence need to be filed with the court, and exchanged with the defendant, at least 14 days before the hearing.
You can file the documents with the court:
by post to the court where the case will be heard.
You can exchange the documents with the plaintiff:
If you are sending documents by post, make sure the documents will be received on or before the date they are due.
If you are filing and exchanging video footage, you should confirm with the courts if they have the equipment to play the footage and in what form they want it, for example a flash drive.
You should receive witness statements and evidence from the plaintiff at least 14 days before the hearing date unless the court ordered a different time.
When you receive the plaintiff's witness statements, you should read them carefully so that you understand the plaintiff's case.
If you do not receive anything, you should contact the court and find out if anything has been filed. If witness statements have been filed, ask the court for a copy, or contact the plaintiff and ask for a copy.
If nothing has been filed, you can tell the magistrate or assessor the next time you attend court. The magistrate or assessor may adjourn (postpone) the hearing or disregard some of the plaintiff's evidence if the plaintiff tries to file it late.
A subpoena is a court order to a person or organisation to bring documents to the court on a certain date, or to attend the hearing to give evidence. You cannot file a subpoena unless the court has given you permission. This is usually done at the pre-trial review.
If you have permission to file and serve a subpoena, you will need to do this at least five days before the date specified in the subpoena. For more information, see
To win the case, you need to show that the plaintiff does not have enough evidence to prove their claim.
Write down the main points you want to say to the assessor or magistrate. You could use the following format:
Remember that the assessor or magistrate will have read all the witness statements and evidence so you do not need to repeat everything that is in your statement.
You could practice speaking to the assessor or magistrate with one of your friends or relatives. You could also go to a local court and see some Small Claims Division hearings.
You will need to take these things with you to the hearing:
Bring the original documents as well as the copies to the hearing.
For information about the hearing, see
Going to the hearing.
For more information on how to prepare for the hearing, you can watch the video below.
You can also read a transcript of this video (55kb).
This video is available with the audio description.