Lesson 45: Avenues to Resolve Civil Disputes II

Question 1

Tribunals

Answer 1

Definition:
Tribunals are dispute resolution bodies that obtain their power to resolve certain types of disputes from parliament i.e. through statute law
- Can make binding decisions
- Provide individuals with a low-cost, efficient and speedy method of dispute resolution
→ tribunals increase communities access to justice by providing an alternative to court
- Cannot hear every type of dispute (no power to class actions)
- Commonwealth and state tribunals

Question 2

VCAT

Answer 2

Definition:
Victorian Civil and Administrative Tribunal
- Deals with large variety of civil disputes
- 5 Divisions:
→ Residential Tenancies Div
- Residential Tenancies list
→ Administrative Div
- Legal practice list
- Review and regulation list
→ Planning and Environment Div
- Planning and environment list

→ Civil Div
- Civil Claims list
- Building and property list
- Owners corporations list
→ Human Rights Div
- Guardianship list
- Human rights list

Question 3

Courts - Jurisdiction

Answer 3

Magistrates:
- OJ: Claims up to $100,000
- No appellate jurisdiction
County Court:
- OJ: Unlimited
- No appellate jurisdiction, unless given under a specific Act of Parliament
Supreme Court (TD):
- OJ: Unlimited
- On a question of law from Mag Court (unless order by Chief Mag) and from VCAT (unless President or vice President made order)
Supreme Court (Court of Appeal):
- OJ: No original jurisdiction
- Appeals from the County Court, Supreme Court (TD), VCAT (when case decided by President or Vice) and Mag Court (when decided by Chief Mag)

Question 4

Courts - Role

Answer 4

• Main dispute resolution body in Victoria. H/w, taking civil dispute to court is often last resort
• Determine liability of a pty (1)
• Decide the remedy (if Defendant is found liable) (2)

Question 5

Juries

Answer 5

• No automatic right to a jury in a civil trial
• Mag Court + Appeal cases = no jury
• County Court + Supreme Court = optional jury
• Party requesting a jury must pay fee
• Judge may require jury for a civil trial → state pays
• Randomly selected from the Victorian Electoral Roll

Question 6

3 Strengths for Courts

Answer 6

• Judges are impartial referees making decisions based on fact and law
• Court Hierarchy allows for a party to appeal a case
• Formal court processes and rules of evidence help ensure procedural fairness → allow pty to present case + rebut other ptys case

Question 7

3 Weaknesses for Courts

Answer 7

• Formalities of court process → parties feeling stressed
• Formal processes require legal rep. to navigate → $$$ → w/o which parties can be at a disadvantage in presenting case
• Right to appeal is not automatic in many cases → leave (permission) of higher court is required