This guide explains the key forms of admissible evidence in small claims matters, offers practical preparation tips, and shows how strong documentation can support your position in the broader framework of Litigation and Dispute Resolution.
Why Evidence Matters in Small Claims Hearings
Small claims hearings are typically handled by a tribunal member or magistrate who must make a decision based on the “balance of probabilities”. This means they must determine which party’s explanation is more likely to be true. Evidence is therefore vital to demonstrating what happened, who is responsible, and what loss — if any — has occurred.
Because small claims processes are more flexible, the strict rules of evidence used in higher courts are often relaxed. However, this does not mean that anything can be submitted. Evidence must still be relevant, reliable, and helpful in resolving the dispute.
Documentary Evidence
Documentary evidence is usually the strongest and most commonly accepted form of proof in small claims disputes. This can include:
Contracts and AgreementsWritten contracts, terms and conditions, emails confirming arrangements, or even text messages outlining agreements can all be admissible. In many consumer and service disputes, these documents form the backbone of the case.
CorrespondenceEmails, letters, and text messages that show attempts to resolve the matter, complaints made, or promises given can all support your version of events.
Reports and Expert OpinionsAlthough small claims tribunals rarely require formal expert witnesses, written reports from tradespeople, assessors, or professionals are often accepted.
Photographic and Video Evidence
Visual evidence can be highly persuasive and is usually admissible, provided it is authentic and clearly linked to the dispute.
Examples include:
Photos of property damage
Videos showing a defective product in use
Screenshots of online conversations or transactions
Images documenting the condition of an item before and after an issue
Ensure your images are dated where possible, and keep the original files for verification.
Witness Statements
Witness evidence is admissible in most small claims hearings, but the format may vary across states and tribunals.
Types of witnesses include:
Ordinary witnesses - people who saw or heard events relevant to the dispute.
Professional witnesses - such as tradespeople who evaluated the problem.
Written StatementsMany tribunals allow written witness statements instead of verbal testimony. These should be clear, factual, and signed.
Verbal TestimonyIf verbal testimony is permitted, witnesses may need to attend the hearing in person or via video link. Always check the tribunal’s requirements beforehand.
Physical Evidence
Although less common, physical evidence can be presented if relevant and practical. This could include:
A faulty product
Damaged components
Items showing wear inconsistent with the seller’s claims
If the item is too large or unsafe to bring, photos, receipts, or an assessor’s report may serve as an acceptable alternative.
Digital Evidence
In today’s digital economy, many disputes arise from online transactions. Digital evidence is increasingly important and often includes:
Electronic contracts
Website screenshots
Communication on platforms like Facebook Marketplace, Gumtree or eBay
Digital receipts and online banking transactions
Tribunals accept digital evidence provided it is accurate, unaltered, and clearly tied to the dispute.
What Evidence is Not Admissible?
While small claims processes are flexible, some evidence may still be excluded, such as:
Irrelevant information
Hearsay that cannot be verified
Documents obtained unlawfully
Evidence that breaches privacy or confidentiality laws
Material intended solely to inflame or prejudice the matter
Always ensure the evidence relates directly to your claim and is presented respectfully and professionally.
How to Prepare Your Evidence
Strong preparation helps the tribunal understand your case.
Tips for organising evidence:
Put documents in chronological order.
Label photographs clearly.
Provide a short written summary outlining your argument.
Bring at least two copies of all documents (some tribunals require uploaded versions).
Make sure digital files are accessible on the day.
By preparing effectively and understanding what the tribunal expects, you significantly increase your chances of achieving a favourable outcome in your Litigation and Dispute Resolution matter.
Whether your matter proceeds to mediation, negotiation, or a full hearing, a well-structured statement can significantly influence the outcome.
If you need assistance preparing evidence for a small claims tribunal or want tailored guidance on a dispute,
