CAV, VCAT and the courts

Question 1

what is Consumer Affairs Victoria (CAV)? and what is their purpose?

Answer 1

consumer affairs victoria is a complaints body and it provides information about consumer law and free dispute resolution services
purpose: help victorians be more infomred about consumer laws, and to ensure that businesses are complying with the laws

Question 2

what is the role of CAV?

Answer 2

• advise the vic government on consumer legislations
• provide information and guidance to educate people about consumer laws
• enforce compliance with consumer laws

Question 3

what is the purpose of CAV when resolving disputes?

Answer 3

• to help people come to an agreement efficiently and without costs
• to try to help the parties reach a resolution that is consistent with the law

Question 4

what is the jurisdiction of CAV?
(dispute between purchasers/suppliers or consumers/suppliers, disputes between tenant and landlord)

Answer 4

dispute between purchasers/suppliers/consumers about the goods and services: disputes about faulty products, dispute about service that took too long to complete and not completed with care/skill
dispute between tenant and landlord: disputes about rental agreenments, disputes about repairs

Question 5

what type of dispute resolution service does CAV provide?

Answer 5

• offers dispute resolution services over the phone and can conduct more detailed services through in-person concilliation.

Question 6

what is the appropriateness of CAV?

Answer 6

• is the dispute within CAV’s jurisdiction
• have the parties tried to resolve the dispute themselves
• oes the complaint need CAV’s involvement

Question 7

what are the strengths of CAV?

Answer 7

• CAV’s concilliation service is free so all victorians can access this service
• concilliation process is informal which removes anxieties people may have with a courtroom setting

Question 8

what are the weaknesses of CAV?

Answer 8

• their assistance is limited to consumer disputes so they can’t help with other civil disputes
• not all cases are accepted as its service is limited so they need to prioritise cases.

Question 9

what is Victorian Civil and Administrative Tribunal (VCAT)?

Answer 9

• it is a tribunal that provides cheaper and less formal services compared to courts.

Question 10

what is the purpose of VCAT when resolving disputes? and what is one way VCAT achieves their purpose?

Answer 10

• to provide low cost dispute resolution to the parties
• to make achieving a resolution accessible

they make resolutions more accessible by having hearings in many locations of victoria, allowing people make applications online and conducts hearing online or by phone.

Question 11

what are the jurisdictions of VCAT?

Answer 11

• residencial tenancies: unpaid rent, repairs
• administrative: costs dispute between client and lawyer
• civil: products or goods sold, loss or damge because of water flowing onto property
• human rights: discrimination complaints
• planning and environment: review a decision made by council to grant or not grant a permit.

Question 12

what type of cases can the VCAT not hear?

Answer 12

• class actions
• Dispute: employer/employee
• dispute: neighbours
• dispute: drivers in car accident
• dispute: federal law/ state law
• dispute: not victoria

Question 13

how does VCAT use mediation?

Answer 13

they make the terms of the settlement enforceable to help resolve the dispute.

Question 14

how does VCAT use complusory conference?

Answer 14

it is a concilliation process, VCAT will suggest forms of settlement.

Question 15

how does VCAT use final hearing?

Answer 15

VCAT will oversee the hearing and make a binding decision and they must act fairly.

Question 16

what is the appropriateness of VCAT?

Answer 16

• is it within jurisdiction
• can the dispute be resolved through negotiation or mediation
• is the size and complexity suitable for VCAT

Question 17

what are the strengths of VCAT?

Answer 17

• vcat is cheaper than going to court
  -speedy resolution

Question 18

what are the weaknesses of VCAT?

Answer 18

• it may be too informal so some parties may feel uncomfortable or ill-equipped to deal with the lack of formal procedure or may prefer a formal process of giving evidence
• VCAT orders still need to be enforced through the courts, which takes a little longer, rather than VCAT assissting in enforcement

Question 19

what is the appropriateness of courts?

Answer 19

2 main factors:
- if it fals in the courts jurisdiction
- if there are better ways to resolve the dispute

Question 20

what is the jurisdiction of courts?

Answer 20

county and supreme have unlimited jurisdiction. the magistrate has a jurisdictional limit of up to $100,000.
the courts cannot hear:
- domestic building disputes
- residential tenancies dispute
- retail tenancies dispute
- planning disputes

Question 21

what can parties consider before deciding that court is the best way to resolve the dispute?

Answer 21

• if the parties can mediate on their own
• the size and complexity of the case

Question 22

what are strengths of courts in civil disputes?

Answer 22

• ensures procedural fairness, e.g. judge can give directions and orders to make sure it is resolved in a timely manner and ensure that both parties undertake procedures such as discovery.
• it is a binding decision, enforceable