3.2.9 Institutions used to resolve disputes - CAV Flashcards
(13 cards)
define CAV
Consumer Affairs Victoria (CAV)
the Victorian civil complaints body
that provides information and helps
resolve disputes to create a fair
and competitive marketplace for
consumers and businesses.
what are too claims within CAV’s jurisdiction
- disputes between purchases and suppliers or consumers and suppliers, and the supply or possible supply of goods and services
-disputes between a tenant and a landlord
2 purposes of CAV
- To help people come to an agreement about how to resolve disputes efficiently without any cost to them.
* Allows people with smaller disputes (e.g. re. good/services/tenancy) to obtain a dispute resolution service that is not expensive, or will not take too long to resolve
- To help parties reach a resolution that is consistent with the law
- CAV has a compliance focus to ensure that any person who has not complied with the law is aware of that and does not breach the law again
6 circumstances in which CAV is appropriate
The dispute falls within CAV’s
jurisdiction.
*
Parties have attempted to resolve
the dispute themselves.
*
Both parties are willing to attend
and participate in conciliation.
*
Parties wish to avoid costs and delays
associated with resolving disputes
through the courts or VCAT.
*
Parties are willing to settle,
therefore increasing the likelihood
of a successful resolution.
*
Both parties are willing to comply
with the agreement reached during
conciliation.
8 circumstances in which CAV isn’t appropriate
The dispute does not fall under
CAV’s jurisdiction.
*
Parties have not attempted to resolve
the dispute by themselves.
*
One or both parties are not willing to
attend and participate in conciliation.
*
There is a better method of resolving
the dispute, including via an alternate
organisation that is better suited
to dealing with the matter.
*
The court or VCAT has already ruled
on the matter, or the case is currently
waiting to be heard.
*
The dispute is initiated by a landlord
or business.
*
The dispute is a class action.
*
One or more parties want a legally
binding decision.
What are three strengths of Consumer Affairs Victoria (CAV) and how do they link to the principles of justice?
Free service – Access:
CAV’s free conciliation service ensures that everyone can use it, regardless of financial situation, promoting access to justice.
Informal process – Fairness:
The relaxed and informal conciliation setting (even over the phone) reduces anxiety, helping people participate more fully and fairly.
Procedural fairness – Fairness:
CAV allows both parties to present their side and challenge each other, ensuring fair hearing processes.
What are three weaknesses of Consumer Affairs Victoria (CAV) and how do they link to the principles of justice?
Limited jurisdiction – Access:
CAV only handles specific dispute types (like consumer and tenancy disputes), restricting who can access their services.
Voluntary participation – Fairness:
Because CAV can’t force parties to conciliate, one side’s refusal can mean the dispute isn’t resolved fairly.
No enforcement power – Equality:
If one party ignores the conciliation result and the other has no power to enforce it, it creates an imbalance, undermining equality before the law.
What are the strengths of CAV in promoting access to justice?
Free services – CAV offers free services, making dispute resolution accessible to all Victorians, regardless of their financial status.
Phone-based conciliation – CAV’s conciliation can be conducted over the phone, allowing individuals across the state to access the service without geographical constraints.
Informal process – CAV’s informal conciliation process reduces the intimidation of formal court procedures, encouraging more individuals to engage in the justice system.
What are the weaknesses of CAV in promoting access to justice?
Limited jurisdiction – CAV only handles certain types of disputes (e.g., consumer or tenancy), limiting access for individuals with other types of civil disputes.
Non-binding outcomes – CAV’s conciliation may not result in a resolution, leaving parties without a resolution and thus limiting access to justice.
Voluntary participation – If one party refuses to engage in conciliation, it can block access to a potential resolution for the willing party.
What are the strengths of CAV in promoting equality in the justice process?
Equal opportunity for both sides – CAV uses a conciliator to ensure both parties have an equal opportunity to present their side, achieving equality in the process.
Accessible to all – As CAV’s services are free, it ensures that individuals from all socioeconomic backgrounds have equal access to dispute resolution.
Private process – The private nature of CAV’s conciliation ensures that both parties are treated equally without the stigma or exposure of public trials.
What are the weaknesses of CAV in promoting equality in the justice process?
imited jurisdiction – CAV can only assist with a narrow scope of civil matters, which means not all parties to a civil dispute can access the service.
Imbalance in resolution options – Not all disputes are suitable for conciliation, so parties in those situations may not have equal opportunities for alternative dispute resolution.
Unequal access to representation – Parties without legal representation may struggle more during conciliation, while those with support may have an advantage in achieving a resolution.
What are the strengths of CAV in promoting fairness in the dispute resolution process?
Quick and impartial resolution – CAV offers a faster resolution compared to a trial, ensuring impartiality and fairness in a more timely manner.
Free service – As CAV’s services are free, parties who cannot afford court fees still have a fair opportunity to resolve their dispute without financial barriers.
Self-resolution with assistance – CAV allows parties to attempt resolving disputes themselves, fostering fairness as both sides contribute to the outcome with the conciliator’s assistance.
What are the weaknesses of CAV in promoting fairness in the dispute resolution process?
Voluntary participation – CAV cannot force parties to participate, which can be unfair if one party is willing to reach a resolution but the other is not.
Non-binding agreements – CAV’s conciliation cannot impose legally binding outcomes, leaving parties without a guaranteed resolution, which can be unfair if one side fails to comply.
Limited scope of cases – Since CAV is not suitable for all cases (e.g., complex disputes), it may not provide fair outcomes for those whose issues cannot be handled through conciliation.
