Unit 3 AOS 2 Civil law - 3.2.10 CAV

Question 1

What is CAV

Answer 1

Consumer Affairs Victoria: Victoria’s consumer affair regulator

Question 2

4 purposes of CAV

Answer 2

Advise the government on consumer legislation

Enforce compliance

Provide consumers and manufacturers, tenants and landlors with a dispute resolution body

Assist civil disputes to be settled and parties reach an agreement through conciliation

Question 3

Jurisdiction of CAV

Answer 3

Tenants and landlors

Supply of goods and services:
Purchases and suppliers

Consumers and supplies

Question 3

Dispute resolution method used in CAV

Answer 3

CAV only uses conciliation

Independant third party faciliates discussion and offers suggestions to help parties reach an agreement

Question 4

When is CAV suitable

Answer 4

• When partis have tried to resolve the dipsute
• Jursidiction is appropriate
• Willing to cooperate
• Parties want to come to their own decision
• Financial situation is considered (CAV is free)

Question 5

When is CAV not suitable

Answer 5

• For landlords, manufacturers or suppliers
• Want a binding decision to be handed down
• Formality of court is prefered
• If the matter is urgent, CAV has limited resouces and only one location

Question 6

Strength of CAV: Free

Answer 6

CAV is completely free, increases access for all Victorians regardless of their ability to pay

Question 7

Weakness of CAV: Limited jurisdiction

Answer 7

Can only hear complaintss from tenants and consumers

No power to assist other disputes, reduces access for certain parties

Question 8

Strength of CAV: informality

Answer 8

Informal setting
Can be conducted over the phone
removes anxieites and intimidations
More people can participate openly, upholding fairness

Question 9

Weakness of CAV: Power imbalance

Answer 9

Due to CAV’s informal nature, a power imbalance cannot be amended

Reduces an equitable outcome

Question 10

Strength of CAV: Procedural fairness

Answer 10

Both parties can present their case, rebut the other side

Ensures both parties can openly pariticipate in CAV’s processes, upholding fairness

Question 11

Strength of CAV: Parties reach the decision themselves

Answer 11

Conciliation means a decision cannot be imposed on parties

they must reach an agreement themsevles, more likely to be happy with the outcome as its win-win

Increases access, both parties engage in the processess

Question 12

Weakness of CAV: Not legally binding decisions

Answer 12

Unless parties sign a deed of settlement, CAV has no power of enfrocing any decision

One party may ignore the outcome, so they may have to use the courts

increases delays and access