Witness statements

A witness is a person who has first-hand, personal knowledge about facts that are relevant to what an ACAT case is about. An expert witness is a person who has specialised knowledge because of their qualifications and/or experience, and because of this, can comment on the issues in a matter in a way that is relevant to what an ACAT case is about.

Both witnesses and expert witnesses can give evidence at a hearing. A witness can give evidence about what they know about the facts of the case, and an expert witness can give evidence that is relevant to the case based on their specialised knowledge.

Often, parties to the proceedings (for example, the applicant and the respondent) are witnesses in their own case. Each party should consider who they need as a witness for their case. This involves considering what needs to be proven in the case and responding to any issues that have been raised by the other party.

If you are unsure about who should be a witness in your ACAT case, you should get legal advice.

When a witness statement is given

A witness statement is a witness’s written account of the evidence they will give at the hearing.

ACAT may ask the parties in a case and their witnesses (if they have any) to provide written witness statements setting out the evidence that they will rely on at the hearing. If ACAT asks for witness statements to be provided, parties will be given deadlines for these witness statements to be lodged with ACAT.

Each witness statement must be lodged with ACAT and a copy given to any other party in the case (unless ACAT has ordered otherwise).

If you do not lodge and serve a witness statement from every witness you want to give evidence at the hearing for your ACAT case, the other party can object to a witness giving evidence and ACAT may not allow the witness to give evidence.

Witnesses who provide a witness statement must be available to give evidence at the hearing of your ACAT case.

Video about witness statements

Download the Witness statement video script [DOC 45KB].

Preparing a witness statement

If you are a witness in an ACAT case, you can use the witness statement template [DOC 372KB] to prepare your witness statement. This template also has tips for preparing your witness statement.

When completing the witness statement, it needs to include:

  • your name, address, occupation and telephone number
  • all the evidence you will give at the hearing for the ACAT case (this should be set out in a logical order, for instance, start with the first event and end with the last event)
  • labelled attachments if you refer to documents in your statement (for instance, “this email is attached to this statement as Attachment A”. You would then attach a copy of the email and label it ‘Attachment A’ so it can be found easily.)

The witness statement also needs to be signed and dated, and be set out in numbered paragraphs, with page numbers, so it can be easily referred to during the hearing.

Information for parties to give to a witness

Witnesses who provide a witness statement must be available to give evidence at the hearing of your ACAT case. You can either:

  • ask your witnesses to agree to come and give evidence at the hearing, or
  • subpoena your witnesses to require them to come and give evidence at the hearing, if you are worried that your witnesses can’t or won’t attend. If you do this, you need to give the witness money, called ‘conduct money’, to cover the cost of complying with the subpoena. If your witness is interstate, you need to leave at least 6 weeks before the hearing date to organise an interstate subpoena.

If witnesses want to give evidence at the hearing remotely, either by video link or telephone, rather than in person, then either the witness or the party they are a witness for needs to ask ACAT for permission (leave) to appear remotely at the hearing.

Witnesses need to be told when the hearing will be, and where they need to come to give evidence at the hearing for your ACAT case. They should also be given the following information:

At the final hearing for an ACAT matter, a witness may:

  • be required to swear (give a religious oath) or affirm (give a non-religious oath) that the evidence they will give is true and correct,
  • be asked questions by the ACAT Tribunal Member, and
  • be asked questions by all parties. When the witness is asked questions by the party that did not ask the witness to attend, this is sometimes called ‘cross-examination’. Parties can prepare questions they want to ask the other party’s witnesses ahead of time.

More information about how a final hearing for an ACAT matter runs is available here: Final hearings - ACAT

If you are a witness and you have questions about how the final hearing will run, you can call the ACAT registry who will try to assist you. You may also get legal advice.

Expert witnesses

An expert witness is a person who has specialised knowledge because of their qualifications and/or experience and because of this, can comment on the issues in a matter in a way that is relevant to what an ACAT case is about.

Parties may ask an expert witness to provide a report about the issues in a case. An expert witness has an overriding duty to assist ACAT impartially (without bias) on matters in the expert’s area of expertise. This means that even if they appear at the request of only one party, they have to help ACAT above everything.

A witness statement from an expert witness should:

  • set out the expert’s qualifications and experience, and
  • explain how the expert witness is able to comment on the issues the ACAT matter is about.

A witness statement of an expert can also set out:

  • the facts, matters, and assumptions on which the opinions in the report are based
  • the reasons for each opinion reached
  • (if applicable) that a particular question or issue falls outside the person’s expertise
  • Any literature or other materials used in support of the opinions reached
  • Any examinations, tests or other investigations on which the expert has relied on and the details of the person who undertook these.

You should seek legal advice if you have questions about whether you need an expert witness, and what evidence you might need from them.

Information for witnesses

A party may ask you to be a witness in a case, or you may receive a subpoena which requires you to attend ACAT to give evidence. The time and date you need to attend will be set out in the subpoena. If you get subpoenaed, you must attend ACAT to give evidence, unless or until the ACAT Member excuses you from attending. You cannot refuse to be a witness. If you are asked to give a witness statement, you can use our template witness statement template [DOC 372KB].

When you attend ACAT to give evidence, you will usually:

  • be required to swear (give a religious oath) or affirm (give a non-religious oath) that the evidence you will give is true and correct,
  • be asked questions by the ACAT Member, and
  • be asked questions by all parties. When you are asked questions by a party that did not ask you to attend, this is sometimes called ‘cross-examination’.

If you want to give evidence at the hearing remotely, either by video link or telephone, rather than in person, then either you or the party you are a witness for needs to ask ACAT for permission (leave) to appear remotely at the hearing.

When you are giving evidence at ACAT, here are some tips:

  • Consider each question you are asked
  • Take your time to answer the question
  • Direct your answers to the ACAT Member
  • Speak clearly
  • If you do not understand the question, you can say so or ask for the question to be repeated
  • If you do not know the answer to a question, say so
  • Remember you can ask for a break if you need one.

More information about how a final hearing for an ACAT matter runs is available here: Final hearings - ACAT.  We have a video about hearings. You can also find out more about:

If you have procedural questions about the final hearing, you can call the ACAT registry who will try to assist you. You may also seek legal advice.

More information

Find out more about:

Glossary and terms

Glossary and terms

ACT Civil and Administrative TribunalA tribunal established under the ACT Civil and Administrative Tribunal Act 2008. It may also be referred to as ACAT or Tribunal.

Adjourn (or adjournment)To suspend or postpone a preliminary conference, mediation or hearing and reschedule it for a future date.

Administrative reviewACAT has jurisdiction to review some administrative decisions made by the ACT Government. Find out about Review of ACT Government decisions.

Alternative dispute resolution (ADR)Also known as dispute resolution. This is a way of resolving disputes without a formal hearing. It may involve a preliminary conference or mediation. ADR is used to help parties resolve cases by agreement.

AnorMeans ‘and another’. This term is generally used to name parties to proceedings when there is more than one applicant or respondent.

Appeal TribunalA tribunal constituted under section 81 of the ACT Civil and Administrative Tribunal 2008 to review a decision of the tribunal (not all ACAT decisions are appealable at ACAT – you may need to go to the Supreme Court).

AppellantThe individual or company that appeals an ACAT decision.

ApplicantThe individual or company that brings a case to ACAT, usually by making an application.

Authorising lawsA law that says an application (including referrals) may be made to ACAT. An authorising law may also set out the powers ACAT has in a case. Also see ‘jurisdiction’.

Calling a witnessA party or their representative will ‘call a witness’ at an ACAT hearing when they ask a witness to give evidence.

CaseAlso known as a matter, dispute, application or referral. Cases come to ACAT when ACAT has jurisdiction (power) to make a decision.

Cross-examinationThe process of asking a witness questions to test or check the evidence that the witness has given to ACAT.

DecisionWhat the tribunal decides or determines about an issue or a dispute. The tribunal may sometimes explain why in a statement of reasons.

Defined benefitsare the following benefits (see section 33 of the MAI Act):

  1. income replacement benefits;
  2. treatment and care benefits;
  3. quality of life benefits;
  4. death benefits;
  5. funeral benefits.

Deliver a decisionAlso ‘handing down a decision’. This is giving a decision about an ACAT case. It may be done verbally or in writing (or both).

DirectionsInstructions that set out what each party must do (and when), often to prepare a case for hearing.

Directions hearingA short hearing where an ACAT Member or Registrar decides how to manage a case and what needs to be done before a hearing. Find out about directions hearings.

Ex parte orderAn order made by ACAT where one or more parties were not present.

Expert reportA written report from an expert that may be used as evidence.

Expert witnessA person with specialised knowledge based on their training, study or experience. An expert can give evidence at a hearing. Find out more about witness statements.

Final directions hearingSometimes ACAT will hold a final directions hearing prior to the final hearing of an application. The purpose is to make sure the case is ready to go to a hearing and give the parties a chance to ask questions about the hearing process.

GuardianA guardian is a person ACAT appoints to make personal decisions, about health, welfare and where a person lives, for a person who has impaired decision-making ability (the ‘protected person’).

Handed upGiving documents to an ACAT Member or Registrar in a hearing.

In chambersWhen ACAT considers something without holding a hearing.

Joined party (joined/joinder)A party who was not originally a party to the dispute but has later been added to the case.

JurisdictionACAT’s authority (power) to deal with, hear and decide applications (cases).

LeaveIf someone asks for leave, they are usually asking for permission to do something.

List (or listing)A schedule (or list) of cases to be heard at ACAT each day.

Listing noticeA letter or written document from ACAT that sets out when a conference, mediation or hearing is scheduled at ACAT.

ManagerA manager is a person ACAT appoints to make decisions, about property and money, for a person with impaired decision-making ability (the ‘protected person’).

MAI ActMotor Accident Injuries Act 2019 (ACT).

MediationA private meeting where parties discuss ways to resolve their dispute, with the help of an impartial mediator (who is also an ACAT Member or Registrar). It is held under section 35 of the ACT Civil and Administrative Tribunal Act 2008.

Non-publication and/or non-disclosure orderAlso called a ‘suppression order’. It is an order that requires certain information not to be published or disclosed. It is made under section 39 of the ACT Civil and Administrative Tribunal Act 2008. Find out about public hearings and confidentiality.

Notice to partiesA letter sent to the parties in a case that sets out the time, date and location for an ACAT conference, mediation or hearing.

Opening statementUsually means a statement made at the beginning of a hearing to outline the key points in the case. Sometimes parties are asked to give an opening statement at a mediation or preliminary conference.

OrderA direction or instruction of the tribunal that a person do a certain thing. The tribunal can make different types of orders depending on the case type and the tribunal’s powers in a case or dispute.

Originating applicationAn application that starts an ACAT case.

Party or partiesAn individual or company directly involved in an ACAT case, for example an applicant or respondent. Find out how to identify and name parties.

Preliminary conferenceA private meeting where parties discuss ways to resolve their dispute with the help of an ACAT Member or Registrar. See section 33 of the ACT Civil and Administrative Tribunal Act 2008. ACAT has different types of preliminary conferences.

Protected personA person who has impaired decision-making ability and about whom an application to ACAT may be made seeking orders under the Guardianship and Management of Property Act 1991 or the Power of Attorney Act 2006.

RegistryThe administrative section of ACAT that accepts documents lodged by parties, handles enquiries and provides support for case management.

Relevant insurerfor a motor accident, means the insurer under the Motor Accident Injuries Act 2019 (see section 34) of the motor vehicle considered to be at fault for the motor accident in the ACT.

RepresentativeA person who represents or advocates for an individual or company at a conference, mediation or hearing at ACAT. For example, a legal practitioner or an attorney appointed under a general power of attorney.

Reserved decisionWhen an ACAT Member or Registrar reserves a decision (at the end of a hearing), this means they will give their decision later, either verbally or in writing (sometimes both).

RespondentThe party (or parties) against whom orders or relief is sought.

Serve/serviceA person who can give evidence at a hearing. Find out about witness statements.

Short service orderAn order that authorises a shorter time for service (than the time otherwise required).

Significant occupational impact (SOI)Significant impact on an injured person’s ability to undertake employment.

Statement of reasonsA document that explains why ACAT made an order in a case. It sets out the law relied on by an ACAT Member or Registrar and explains how the law was applied to the facts of the case. You can request a written statement of reasons within 14 days after an order is made. Find out about statement of reasons.

StayAn order for a particular action (or decision) to be put on hold or suspended for a period of time.

SubmissionA document that sets out your side of a case or dispute and the relevant law. It is presented to ACAT either in writing, verbally or both. Find out about submissions.

SubpoenaRequires a person to appear at ACAT to give evidence or provide documents (or both). Find out about subpoenas.

Substituted service orderAn order that says how a party is to be served with an application or other documents related to the proceedings. In a civil dispute or a rental dispute, an applicant will need to consider asking for a substituted service order if they do not have a physical address for the respondent. Find out about lodging and serving documents.

WitnessA person who can give evidence at a hearing. Find out about witness statements.