How do I provide evidence to support my submission?

Any party can present evidence (both written and oral, such as with a witness) at the hearing. Parties providing additional evidence should make the evidence available to all parties to the review and to FairWay Resolution as soon as it becomes available so that everyone has adequate time to prepare. Where possible, this means that written evidence should be provided at least 14 days before the hearing.

Important points about submissions:

  • any person giving oral evidence may be asked to take an "oath" or "affirmation" (promise to tell the truth)
  • written evidence can be affidavit or declaration - which is a written and signed statement that has been witnessed by a solicitor or a Justice of the Peace - or be unsworn, such as a letter or note signed and dated by the writer, but not necessarily witnessed
  • written evidence may include specialist assessments, doctors' reports, other medical opinions, costs information, and other documents that help establish the applicant's case
  • If evidence or written submissions are presented for the first time at the actual review hearing, it may lead to the hearing being adjourned part-heard