VCAT

Question 1

What is VCAT

Answer 1

VCAT is a dispute resolution body that deals with a limited area of law and have expertise in that area.

Question 2

What are the disputes that VCAT cannot hear

Answer 2

• Class actions
• Disputes between employers and employees
• Disputes between neighbours
• Disputes between drivers in car accidents
• Disputes involving federal or state law where VCAT has not been given authority to hear the matter

Question 3

What are the dispute resolution methods used in VCAT

Answer 3

Mediation
Fast track mediation and hearing
Compulsory conferences
Final hearing

Question 4

What is Mediation

Answer 4

The two parties will discuss the issues involved, develop options, consider alternatives and reach an agreement through negotiation alongside a Mediator.
The mediator will act impartial and give suggestions on how to solve the dispute but will not make any decisions.

Question 5

What is fast track mediation and hearing

Answer 5

Disputes about goods and services valued at up to $10,000 can qualify for fast-track mediation and hearing.
A qualified mediator will conduct the mediation.

Question 6

What are compulsory conferences

Answer 6

These are confidential meetings during which the parties discuss ways to resolve their dispute in the presence of a VCAT member.
Compulsory conferences use conciliation.

Question 7

What is conciliation

Answer 7

Conciliation is the process where the two parties discuss ways on how to resolve the dispute and eventually settle on a suitable solution for both parties through negotiation.
Conciliation uses a conciliator who is an impartial, independent third party who will assist in forms of suggestions in relation to coming up with a solution.

Question 8

What is a final hearing

Answer 8

This is where the two parties will present their cases to a VCAT member who is impartial. The VCAT member will make a binding decision in favour of one of the parties and both parties must follow that decision.

Question 9

Purposes of VCAT

Answer 9

Low cost
Accessible
Efficient
Independent

Question 10

Jurisdiction that VCAT has

Answer 10

Residential tenancies
Administrative
Civil
Human rights
Planning and Environment

Question 11

Strengths of VCAT

Answer 11

• Cheaper then courts
• Speed resolution of disputes
• Informal
• Flexibility of VCATs hearing processes ensure fairness and equality
• Each VCAT list operates in its own specialised jurisdiction, resulting in higher expertise
• Final hearing decisions are legally binding

Question 12

Weaknesses of VCAT

Answer 12

• Costs of taking a matter to VCAT can be high due to increased legal representation
• Suffers delays
• May be too informal
• VCAT is not a court so it cannot create precedents
• Decisions can only be appealed on a point of law, through to the supreme court, making it complex and expensive.
• VCAT orders still need to be processed through courts, causing delays.

Question 13

Appropriateness of VCAT

Answer 13

• Whether the dispute is within VCATs jurisdiction
• Whether the parties can resolve the dispute themselves through negotiation or mediation
• The nature of the fees and whether the applicant is able to pay the fees