The Courts

Question 1

Appropriateness of courts in a civil dispute

Answer 1

• Whether the dispute falls within the court’s jurisdiction
• Whether there are other or better ways to resolve the dispute

Question 2

Jurisdiction of courts in a civil dispute

Answer 2

Supreme Court – Unlimited jurisdiction
County Court – Unlimited jurisdiction
Magistrates Court – Claims up to $100,000

Question 3

Define exclusive jurisdiction

Answer 3

Cases which only VCAT can hear and courts cannot

Question 4

What does VCAT have exclusive jurisdiction over the courts

Answer 4

• Domestic building disputes
• Residential tenancies disputes
• Retail tenancies disputes
• Planning disputes

Question 5

Strengths of courts

Answer 5

• Pre-trial procedures allow parties to reach an out-of-court settlement –> includes mediation.
  Saving costs, time and stress of a trial
• Pre-trial procedures allow parties to ensure more efficient and timely resolution of dispute, through gaining knowledge of each others strengths and weaknesses, helping to narrow issues in dispute and potentially reach a solution before the trial
• Courts use processes to ensure procedural fairness. –> Judge giving directions and orders to ensure the dispute is resolved in a timely manner and ensure both parties undertake procedures like discovery, allowing parties to know the case that is put against them
• Court processes allow interaction between court and the parties. –> Directions hearings provide parties with opportunity to raise issues with the judge and other side that may need to be resolved.
• The court makes a binding decision

Question 6

Weaknesses of courts

Answer 6

• Cases taken to court often suffer delays.
• The costs in having a dispute resolved may jeopardise parties being treated equally. This includes costs of engaging a lawyer.
• Many procedures are complex and difficult to understand without a lawyer.
• The formalities of the court can be stressful.
• Courts do not allow for compromise, or win win situations.