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These instructions are to help you prepare a written statement. It is not legal advice.
It is important to complete this statement using your own details and based on your own circumstances. If you need more help to prepare your witness statement, you should get legal advice.
For a sample witness statement, see Sample witness statement for NCAT.
When setting out your statement is a good idea to:
At the beginning of your witness statement, you should introduce yourself by giving your:
After you have introduced yourself, you should explain your connection to the case.
When you are preparing your statement, you must:
Your statement should be:
If your case is about a contract or agreement, you should describe:
Statements should not include opinions or beliefs, or arguments about the law. For example, you should not write "the respondent signed the contract, so they must have understood its conditions". You would just write, "I saw the respondent sign the contract".
If you refer to a conversation that you had in your statement, you should use the actual words spoken.
If you cannot remember exactly what was said, you can include words to the effect of those that were spoken.
If you refer to a document in your statement, you should attach it. This document is called an annexure.
There is no rule that says you must attach your documents to your statement, however, it is a good idea to do this if the documents support the evidence you are giving in your statement. This is also a neater way of presenting evidence at court, and it is easier to refer to at the hearing.
Each document attached should be given a letter of the alphabet.
Each annexure should also have a statement written on its front page that says something like:
If you don't attach your documents to your statement, you must still lodge them with the Tribunal and give them to the other party as directed in the timetable the Tribunal makes.
If you are not sure whether to attach any documents to your statement, you should get legal advice.
At the end of your statement, you must sign and date it.