SAC 4 Flashcards
(35 cards)
What is VCAT
A tribunal that deals with disputes relating to a range of civil issues heard by four divisions
what are the divisions of VCAT
admin- lawyer behaviours
civil - property, building + construction, consumer disputes
human rights- discrimination, guardianship, medical treatments
residential tendencies- unpaid rent, damage/repairs, rent
what is the purpose of VCAT
-provide low cost and efficient and independent tribunal
- wide variety of locations
- less formal
- cases heard and determined by an independent 3rd party
how does VCAT work
through mediation, a final hearing, phone and in person
what are the strengths of VCAT
- cheaper than court
- informal process
- flexibil
- binding decisions
- open processes
what is CAV
complaints body that monitors and regulate consumer affairs
- it informs people about consumer issues and inform buissnesses and consumers about their right and responsibilities
what are the purposes of CAV
- provide consumers, landlords, tenants with a dispute resolution process
- settle disputes efficiently and effectively
- help wronged parties seek compensation for loss suffered
how does CAV work
CAB uses conciliation too resolve disputes over the phone
what is the jurisdiction of the CAV
- a complaint bi a consumer against a business
- a complaint by a tenant against a landlord
what are the strengths of CAV
-free
- no legal representation needed
- simplified process
- quick resolution
- education and prevention
- accessible
what are the differences between civil and criminal juries
- civil juries are optional not mandatory
- party that requests jury pays for it ($600 first week, $1200 after)
- civil juries have 6 members not 12
- civil juried decide verdict and remedies (except in def)
what are damages
an amount of money awarded to the plantiff paid by the defendant for loss and suffering returning them to the position they were in before loss occurred
what are the types of compensatory damages
- specific
- general
- aggravated
what are the types of damages
- compensatory
- nominal
- exemplatory
- contemptuous
what are compensatory damages
aim to restore the party whose rights have been infringed
what are specific damages
can be given a precise monetary value and are easily quantifiable e.g. medical bills, wages
what are general damages
assessed by court according to size of wrong done and longterm consequences. it is an estimate not easily quantifiable e.g. pain/suffereing, future loss
what are aggravated damages
awarded to compensate when suffered humiliation and insult
what are nominal damages
aim to uphold the plaintiff’s rights when infringed even though not substantial loss occurred - usually a small amount of money
what are exemplatory damages
way to punish defendant for extreme violation of rights and deter others from committing similar action
- they can’t be awarded in a defamation case
what are contemptuous damages
damages awarded to plaintiff who has the legal right to damages but not the moral
- waste of courts recourses and time
what are injunctions
an injunction is an order directing someone to do something or to stop them from doing something
what is the purpose of an injunction
to rectify situation by party found be in the wrong
- prevent someone doing harm (further harm) and rdctify a wrong- restore to before
what are the types of injections
restrictive
mandatory
interlocutory
final
