3.2.9 institutions used to resolve disputes - VCAT Flashcards
(20 cards)
define Victorian Civil and Administrative
Tribunal (VCAT)
Victorian Civil and Administrative
Tribunal (VCAT) a dispute resolution
body that has the power to hear and
determine certain types of civil and
administrative disputes.
what are the purposes of VCAT
To provide Victorians with a low-cost, accessible, efficient and independent tribunal
- Deliver high quality dispute resolution processes
- Provide parties with an alternative to court to resolve certain types of civil disputes
- Uses various dispute resolution methods
( If a matter does not settle, there will be a formal hearing at which a member of VCAT will make a binding decision on the parties) - To provide services that are accessible, fair and impartial in order to uphold the principles of
describe the purpose of VCAT to provide a low cost method of dispute resolution
Parties only need to pay a small amount for filing their claim, although costs vary between lists and based on claim amount.
No hearing fees for some claims (e.g. civil claims of $100,000 or less)
in many lists, the parties do not have to go through pre-trial procedures, reducing legal costs
parties can self represent (VCAT may not allow a person to be represented, especially if the other party is not).
describe the purpose of VCAT to be accessible
Conducts hearings in various locations in Victoria (main centre in Melbourne)
* Allows people to make applications online and conducts hearings online or by phone
* There is now (from 2017) a Koori Engagement Project Officer who raises awareness about VCAT
among Victoria’s Koori community
* Less formal than court hearings (lack of pre-trial procedures or formal rules of evidence
describe the purpose of VCAT to be efficient
reduce waiting time
-no pre trial procedure or formal processes.
describe the purpose of VCAT to be independent
members act as unbiased adjudicators
which disputes cannot be heard by VCAT
- Class actions
- Disputes between employers and employees
- Disputes between neighbours (unless it is about an owner’s corporation)
- Disputes between drivers in car accidents
- Disputes involving federal or state law where VCAT has not been given any power to hear the matter
circumstances where VCAT is appropriate (7)
The dispute falls within VCAT’s
jurisdiction.
*
Parties prefer an informal dispute
resolution process.
*
Parties want to try to resolve the
dispute themselves and have some
control over the outcome.
*
Parties desire an option to negotiate
but, if this is unsuccessful, wish
to have a legally binding decision
enforced in a hearing.
*
Both parties are willing to comply
with the agreement reached during
mediation or a compulsory conference.
*
Parties are willing to appeal only
on questions of law.
*
Parties want a low-cost and time-
efficient resolution to their dispute.
circumstances where VCAT isn’t appropriate (8)
The case does not fall within VCAT’s
jurisdiction.
*
One or both parties are unwilling
to negotiate to try and resolve their
dispute, or parties have tried and
failed to negotiate their dispute.
*
The case is a class action.
*
Parties want greater ability to appeal.
*
Parties prefer legal representation
to conduct their case.
*
The claim is for a very large amount
of damages, meaning the court may
be more appropriate.
*
The case involves complex legal issues
and it is better resolved through more
formal court procedures.
*
There is a better way to resolve the
dispute, such as through an alternate
institution that is better suited
to deal with the matter.
what are the 3 main methods of dispute VCAT uses
Mediation, including a fast-track mediation and hearing process for small civil claims
* Compulsory conferences (uses a conciliation process)
* A final hearing before a
what are compulsory conferences
parties discuss ways to resolve dispute in the presence of VCAT
what happens if the dispute isn’t resolved in mediation, compulsory conference or conciliation
it will go to a final hearing
* The parties will be given an opportunity to present their case, which will include giving and hearing evidence asking questions of witnesses and providing documents which support their case
* A VCAT member will oversee the hearing and make a binding decision on the parties
* Less formal than court (VCAT has an obligation to conduct each proceeding with as little formality and technicality as possible, though it can adopt rules of evidence or procedure if
what are orders VCAT can make in the final hearing (know like 3)
Require any party to pay money (e.g. when someone has purchased goods but not paid for them)
* Require a party to do something, such as perform work, carry out repairs or vacate premises
* Require a party to refrain from doing something (e.g. stop a demolition)
* Declare that a debt is or is not owing (e.g. when there is a dispute about money owed under a contract)
* Review, vary or cancel a contract
* Dismiss a
describe what happens if a party is dissatisfied with a final hearings outcome
they may lodge a finale hearings appeal
Appeals from a decision made by VCAT can only be made on a question of law/point of law
* E.g. if a party argues that the law has not been properly interpreted in the case
- Leave (permission) is required to appeal a VCAT decision
- If the tribunal was presided over by the President or vice-president, the appeal will be heard in the
Court of Appeal - All other appeals will be heard in the Trial Division of the Supreme
How does VCAT achieve fairness?
VCAT members are impartial and independent, ensuring a neutral and unbiased process.
VCAT encourages mutual agreement through mediation, promoting outcomes both parties see as fair.
Hearings are resolved quickly, allowing parties to access justice within a reasonable timeframe.
How might VCAT limit fairness?
No jury trials means decisions are not made by a cross-section of the community.
Self-represented parties may struggle to argue their case effectively, especially if the other party has legal representation.
Limited appeal rights (only on questions of law) can prevent unfair decisions from being fully reviewed.
How does VCAT promote equality?
VCAT members take special measures to assist people with disadvantages (e.g., cultural, physical).
Both parties have equal opportunities to present their case in hearings, mediation, or conferences.
VCAT members remain impartial, ensuring neither side has an unfair advantage.
How might VCAT limit equality?
Self-represented parties may be at a disadvantage without legal knowledge.
VCAT members cannot provide legal advice, possibly disadvantaging unrepresented individuals.
VCAT’s limited jurisdiction means not all civil disputes can be handled there, denying equal access to all.
How does VCAT promote access to justice?
Low-cost services make it more affordable than courts.
Less formal procedures make it easier for people to understand and participate.
Offers remote hearings and interpreters, supporting people across Victoria and non-English speakers.
How might VCAT reduce access to justice?
Not all civil matters fall within VCAT’s jurisdiction, so some must go to court.
Some fees are still high, especially in areas like planning disputes.
Appeals are limited and must go to the Supreme Court, which is costly and complex.
