Legal Unit 3 AOS2- CAV, VCAT & the courts

Question 1

Institution

Answer 1

The place where a dispute is resolved & is also know as a dispute resolution body

Question 2

CAV

Answer 2

Consumer Affairs Victoria
- regulator and complaints body

Question 3

CAV jurisdiction

Answer 3

Limited jurisdiction
- Supply of goods & services (only consumers)
- Residential tenancy disputes (only tenants)

Question 4

CAV purposes

Answer 4

Help people settle their consumer law disputes
- Efficiently
- Constructively
- Without any cost

Question 5

CAV method

Answer 5

Conciliation
- Expert teams devoted to certain types of disputes
- Usually conducted over the phone
- It is voluntary & can’t compel people to participate
- Usually sign terms of settlement if a decision is reached

Question 6

CAV appropriateness

Answer 6

• Is it within CAV’s jurisdiction?
• Have the parties already attempted to resolve the matter themselves?
• Has the consumer/tenant already initiated a claim in another institution?
• Is the business/landlord willing to participate/cooperate in the conciliation?

Question 7

VCAT

Answer 7

Victorian Civil and Administrative Tribunal
- received <80 000 claims 2024

Question 8

VCAT jurisdiction

Answer 8

• Residential tenancies division
• Administrative convenience
• Civil division
• Human rights division
• Planning & environment division
  Can’t hear- personal injury, family law, defamation etc

Question 9

VCAT purposes

Answer 9

Low cost
- Low application fees e.g. $70 for small claims
Accessible
- Various locations & less formal hearings
Efficient
- Timely resolution of disputes BUT challenged by Covid
Independant
- VCAT members unbiased & impartial

Question 10

VCAT methods

Answer 10

• Mediation
• Compulsory Conference (conciliation)
• VCAT hearing

Question 11

VCAT methods- Mediation

Answer 11

• Facilitated by VCAT member
• Conduced without prejudice (hearing conducted by diff member if resolution is not reached)
• Parties usually sign terms of settlement

Question 12

VCAT methods- Compulsory Conferences

Answer 12

• Run like conciliation
• Used instead of mediation for more complex cases
• Same points as mediation

Question 13

VCAT methods- VCAT hearing

Answer 13

• Run by VCAT member
• As little formality & technicality as possible but still need to apply procedural fairness
• Most hearings open to public
• Make binding decision called VCAT orders
• If parties don’t attend hearings the case can still be heard & have a decision reached

Question 14

VCAT- appropriateness

Answer 14

• Is the dispute within VCAT’s jurisdiction?
• Is it more cost effective + faster than courts?
• Are parties seeking less formal or more formal resolution?

Question 15

Courts- jurisdiction

Answer 15

Almost unlimited jurisdiction
- Civil courts jurisdiction based on the value of the claim rather than the type
- All apart from where VCAT has exclusive jurisdiction

Question 16

Courts- purposes

Answer 16

• To provide a closely supervised & managed formal dispute resolution
• To have a case resolved through a binding decision of an independent judicial officer
• To offer a wide jurisdiction in resolving all types of civil disputes

Question 17

Courts- methods

Answer 17

Judicial mediation
- Held with a judge in a courtroom
Arbitration
- The Mag Court for disputes >$10 000
- Only with the parties consent
Mediation/Conciliation
- All court can refer parties w/o their consent
Judicial determination
- Final hearing if dispute not resolved earlier
- Imposes legally binding decision
- Strict rules of evidence & procedure
- Generally open to public

Question 18

Courts- appropriateness

Answer 18

Whether the dispute falls within the courts jurisdiction?

Whether there is another or better way to resolve disputes? Consider…
- Costs
- High formality of courts
- Need for legal rep, -
- Privacy/confidentiality
- Time delays
- Desire for flexibility + compromise + control