What to take to the hearing
The Tribunal will make a decision based on the evidence presented by each party. When attending a Tribunal hearing it is important to have evidence to support your case. If you are applying for a hearing you can attach copies of your evidence to your application.
Evidence can include:
- Your written statement or Affi davit about the dispute.
- A copy of the tenancy agreement and any Condition Reports.
- Evidence of rent payments or a copy of your rent record.
- Photographs showing the condition of the premises.
- Receipts or quotes.
- Copies of letters or forms you have sent or received.
- Signed Affidavit statements by people who can provide evidence regarding the matters in dispute.
The Tribunal is not bound by formal rules of evidence and can accept any evidence that it believes is credible and relevant. If you are responding to an application it is good to gather evidence and prepare a statement to take to the hearing.
Remember to keep your statement short and to the point. You must respond to the claims in the application lodged by the other party.
When you attend the Tribunal hearing you will need spare copies of your statement and evidence to give to the Tribunal and the other party. Before the hearing, you may prefer to fax or mail a copy of your statement and evidence to the Tribunal so it can be attached to the file.
The Adjudicator or Member may get an opportunity to read your statement, prior to the hearing. Affidavits You may want to prepare your statement in the form of a sworn Affidavit statement that must be signed by you and witnessed by a Justice of the Peace, Solicitor or Commissioner of Declarations.
An Affidavit is needed if you, or a witness,cannot attend the hearing and present evidence in person. Even if you are attending the hearing, you may prefer to prepare your statement in the form of a sworn Affidavit. Blank Affidavit forms are available online at www.courts.qld.gov.au or from your local Magistrates Court. A list of Justices of the Peace is available online at www.justice.qld.gov.au or ask at your local courthouse.