CAV vs VCAT

Question 1

3rd party making decision?

Answer 1

CAV - no decision made
VCAT - Yes IF final hearing
Courts - Yes IF final hearing/trial

Question 2

CAV: Role of 3rd Party

Answer 2

Conciliator = facilitates discussion and suggests options and possible solutions (specialist knowledge)

Question 3

VCAT: Role of 3rd Party

Answer 3

Hear all evidence in final hearing&raquo_space; binding decision

Question 4

Courts: Role of 3rd Party

Answer 4

Hears final evidence at final hearing or trial and makes binding decision

Question 5

Decision Binding?

Answer 5

CAV: No - unless ToS
VCAT: Yes
Court: Yes

Question 6

Private resoution?

Answer 6

CAV: Yes
VCAT: No UNLESS settled before final hearing
Courts: No UNLESS settled before final hearing

Question 7

Rules of Evidence Used?

Answer 7

CAV: No
VCAT: Flexible
Courts: Yes

Question 8

Pre-trial Proced Used?

Answer 8

CAV: No
VCAT: Generally no
Courts: Yes

Question 9

Jury Used?

Answer 9

CAV: No
VCAT: No
Courts: Only if judge/a party requires it in a higher court

Question 10

Parties need legal rep?

Answer 10

CAV: No
VCAT: Generally no
Courts: Generally yes

Question 11

Restrictions on Jurisdictions

Answer 11

CAV: Yes
VCAT: Yes
Courts: Yes for Mag + some exclusive jurisdiction

Question 12

Types of Civil Disputes Heard

Answer 12

CAV: tenant vs Landlord, consumer vs trader + other consumer-type disputes
VCAT: Many types + small civil claims, residential and retail tenancy claims
Courts: All types of claims + complex

Question 13

Used for Large Claims

Answer 13

CAV: No
VCAT: Generally no
Courts: Supreme/County

Question 14

Can hear class actions

Answer 14

CAV: No
VCAT: No
Courts: Yes - Supreme

Question 15

Mediation Used

Answer 15

CAV: No
VCAT: No
Courts: No

Question 16

Conciliation Used

Answer 16

CAV: Yes
VCAT: Yes
Courts: Generally no, but can refer parties to concil

Question 17

Arbitration Used

Answer 17

CAV: No
VCAT: No
Courts: Yes - Mag <$10,000

Question 18

Heirarchy

Answer 18

CAV: No
VCAT: No
Courts: Yes

Question 19

Appeals Allowed

Answer 19

CAV: No
VCAT: Yes - points of law to Supreme/Appeal
Courts: Yes