AoS2b Flashcards
(24 cards)
Purpose of CAV
Consumer affairs Victoria is an alternative to the court system which solves disputes through Conciliation
CAV jurisdiction
CAV has jurisdiction over disputes from landlords and tenants, suppliers and customers
When CAV is appropriate
- parti are willing to discuss
- parties do not want a high level of publicity
- parties need low costs
- the dispute is in Cavs jurisdiction
When CAV is inappropriate
parti are unwilling to discuss
- parties want a high level of publicity
- parties are unconcerned with costs
- the dispute is not in Cavs jurisdiction
VCAT divisions
(Lesson 3)
Residential tenancies division - claims by landlords and tenants
Civil division - claims made by businesses and consumers
Human rights division - breaches of the equal opportunity act
VCAT Parties
(Lesson 3)
Victorian Civil and Administrative Tribunal is a dispute resolution body.
President of the VCAT is a current supreme court judge and vice presidents are county court judges.
The applicant applies to have their case resolved and the respondent responds.
Purposes of VCAT
(Lesson 3)
Provide low-cost dispute resolution services
-tiered fees
-parties can self-represent
Efficient
- no strict rules of evidence and procedure
-less prehearing procedures
accessible
-affordable
-many locations
-easy to understand
VCAT dispute resolution methods
(Lesson 3)
Fast Track Mediation
- claims of less than $10000, hearing is free
Compulsory Conference
- use conciliation process, confidential
Final Hearing
-if dispute is not resolved, proceeds here
- VCAT decisions are final and legally binding
Appropriateness of VCAT
(Lesson 3)
Appropriate:
- within jurisdiction
- informal
- if parties want agency over the outcome
- parties are willing to comply
- willing to appeal only on a question of law
-low cost and time efficient
Purposes of courts
(Lesson 4)
- provide an experienced and impartial legal expert
- access to trial by jury
- method to resolve class actions/complex cases
- legally binding outcome
-avenue for appeals
-establish precedents
Pretrial proceedings civil
(Lesson 4)
after a writ is filed and documents are served to the defendant, the defendant may respond lodging a defence. Then, the courts will hold a directions hearing to establish a timeline and inform parties of what they will need to prepare
Appropriateness of courts
(Lesson 4)
- within jurisdiction
- legally complex matter
- parties have considered cost and time
- parties prefer the formal proceedings
- parties have otherwise attempted to resolve their disputes
- parties want predictability of precedent
Inappropriateness of courts
(Lesson 4)
- parties want to negotiate/want autonomy/party control
- may not want complex pretrial proceedings
- want less costs/more efficient
- parties wish to self-represent
-parties want to maintain a ongoing relationship
Costs
(Lesson 5)
Costs in civil parties most often are paid by the parties.
Costs examples
(lesson 5)
barrister fees to present legal arguments in trial, solicitor fees to draft documents and Reseach the case, expert witness fees and jury fees
Strengths and weaknesses of costs
(Lesson 5)
Strengths
- VLA available but only for financially disadvantaged parties for specific cases
- VCAT Applies tiered and waived fees
- CAV is free
Weaknesses
- Courts are highly expensive
- not all the same opportunities are afforded e.g. juries
Delays
(Lesson 5)
The waiting time that parties in civil cases experience, for example court backlogs, VCAT delays, preparing the case and trial procedures
Strengths and weaknesses of delays
(Lesson 5)
Strengths
- VCAT and alternative resolutions are typically much faster
- case management powers can reduce waiting times
Weaknesses
- delays can greatly increase associated costs
- plaintiffs may be forced to withdraw
- use of case management powers may differ creating disparity
Remedies
(lesson 6)
a court order that aims to enforce a right by preventing a civil breach or correcting a civil breach. For example, damages and injunctions.
Damages
(Lesson 6)
a type of remedy in which monetary compensation is awarded to the plaintiff in a civil dispute to compensate their loss caused by a civil breach.
Purposes of damages
(Lesson 6)
Damages to restore the plaintiff to their original position before the infringement has occurred. There are specific, general and aggravated damages.
Strengths and weakness of damages
(Lesson 6)
Injunctions
(Lesson 6)
a court order that compels a party to do something or prevent a party from doing something. There are mandatory and restrictive injunctions, Aswell as interlocutory (lasting a short time) and final.
Strengths and weaknesses of injunctions
(Lesson 6)
Strengths
- injunctions return the plaintiff to their original position
- can prevent a future breach from occurring
- provide immediate relief
Weaknesses
- interlocutory injunctions are temporary
- high costs of claim re not reimbursed
- the court has a limited ability to monitor adherence to the injunction
