U3 AO2 2b lesson 3 VCAT Flashcards
Civil division of VCAT
Claims made by businesses and consumers that allege the Australian Consumer Law and Fair Trading Act 2012 (Vic) has been breached.
- Building and Property list
- Owners corporations list
Civil division of VCAT examples
A business claiming another business they sold goods to has not paid outstanding debts
A property owner claiming a builder incorrectly constructed something
Human rights division of VCAT
Claims of unlawful discrimination and breaches of the Equal Opportunity Act 2010 (Vic).
- Guardianship list
- Human rights list
Human rights division of VCAT examples
a worker claiming they were dismissed due to their religious beliefs
a woman claiming she was refused service in a café due to breastfeeding
residential tenancies VCAT
Claims made by residential landlords + tenants with claims the Residential Tenancies Act has been breached
- Residential tenancies list
residential tenancies VCAT examples
unpaid rent, unfixed utilities, tenant claiming they did not have sufficient notice to vacate the property.
VCAT
VCAT = Victorian Civil and Administrative Tribunal
CAT is a statutory dispute resolution body - given its powers through the passing of the Victorian Civil and Administrative Tribunal Act 1988 (Vic)
It is a tribunal that has the power to resolve a wide range of civil disputes and has exclusive jurisdiction over certain matters. Each year, VCAT will hear approximately 85,000 claims.
respondent
the person who is responding to a claim made against them
applicant
the person who is applying to have their dispute resolved - generally the aggrieved party
president of VCAT
The president of VCAT is a current sitting Supreme Court
vice president of VCAT
and Vice Presidents are County Court judges
purpose of CAV: provide low lost dispute resolution services
The filing fees to have a simple matter heard in VCAT is relatively low ($70. 10) for claims below $3000 in the Civil list.
VCAT has fee tiers - corporate, standard + health care card holders. This aims to ensure that corporate applicants pays higher and those less able to pay are only charged a small amount
There are no hearing fees for civil claims where the amount is $100,000 or less/ for a rental dispute that can be resolved in a day
purpose of CAV: provide efficient dispute resolution services
Many cases can be resolved through compulsory conference or mediation = informal + less time consuming
VCAT provides fast-track mediation services
and hearings whereby the mediation takes less than 1 hour for disputes involving goods and services under $10,000
purpose of CAV: provide accessible dispute resolution services
There are multiple VCAT locations throughout Victoria and in rural areas. At times, VCAT hearings can be conducted online without the parties needing to be physically present
VCAT assists parties to prepare a case with instructions on how to lodge their application, prepare their evidence and what to bring to a hearing available on their website.
1st method) fast track mediation
For goods and services claims of up to $10,000, (minor isssue) parties will be invited to attend mediation to try and resolve their dispute.
if unsuccessful VCAT hearing scheduled
- The VCAT hearing will be free and operate in the same way as a final hearing.
1st method) compulsory conference
A confidential meeting where the parties will attempt to settle the dispute before a final hearing needs to take place.
- Compulsory conferences use a conciliation process, meaning the VCAT member will make suggestions to assist the parties in resolving their dispute.
(when 1st method not successful) final hearing
- If the dispute has not been resolved, a final hearing will be scheduled.
- both parties will present their case, ask questions and provide evidence. The VCAT member presiding over the hearing will then hand down a final order.
- Final orders can include monetary compensation, an order to undertake or restrain from partaking in a particular act, or a dismissal of the claim.
- VCAT decisions are final and can be enforced by the courts.
VCAT appropriate: informal
VCAT is appropriate if parties would prefer an informal dispute resolution process
VCAT appropriate: agency
VCAT is appropriate if parties want to try and resolve the dispute themselves or have some agency over the outcome
VCAT appropriate: comply with mediation
Both parties are willing to comply with the agreement reached during mediation
VCAT appropriate: cost and time
Parties want a low-cost and time efficient resolution of disputes
VCAT inappropriate: appeal
Parties are not willing to appeal only on question of law
want to appeal remedy + question of fact
VCAT inappropriate: jurisdiction
VCAT is inappropriate if the matter does not falls within their jurisdiction
VCAT inappropriate: judicial
parties want formal dispute resolution through judicial determination
