VCAT and CAV Flashcards
(13 cards)
What is CAV
CAV regulates consumer law. Its purpose is to ensure that Victorians are informed about consumer laws, and to ensure that businesses are complying with those laws.
CAV…
CAV use many forms of dispute resolution, this includes merely over the phone resolution. In some cases, in-person conciliation.
CAV’s Jurisdiction
CAV has the jurisdiction too hear cases such as…
-Disputes between purchasers and suppliers, or consumers and suppliers, about the supply or possible supply of good and services e.g. Disputes about a faulty or damaged product.
-Disputes between a tenant and landlord e.g. disputes about rental agreements or disputes about repairs.
Appropriateness of CAV
A number of factors are considered when deciding whether CAV is appropriate or willing to provide dispute resolution, including…
-Whether the dispute is within CAVs jurisdiction.
-Whether the complaints justifies or needs CAVs involvement.
-Whether the issue is reasonably likely to be resolved.
-Whether the consumer is vulnerable or disadvantaged.
-Whether the matter is too big or complex to be appropriate for CAV.
Strengths of CAV
-CAVs conciliation service is free and accessible to all Victorians.
-The conciliation process is informal and can be conducted over the telephone.
-CAV allows both sides to present their side of the story, upholding fairness.
-CAV addresses disputes individually, this reduces waste of time and resources that may be unlikely to be resolved.
-The conciliation process used ensures that parties reach a resolution themselves.
Weaknesses of CAV
-CAVs assistance is limited mainly to consumer and CAV disputes.
-CAV has no power to compel parties to undergo conciliation, both parties must be willing.
-CAV has no power to enforce any decisions reached by the parties in conciliation.
-Not all cases are accepted by CAV and its conciliation services are limited.
-CAV is not appropiate for large and complex disagreements.
The role of CAV
-Advises the Victorian Government on consumer legislation.
-Provides information and guidance on consumer laws.
-Enforces compliance with consumer law.
-Can provide consumers, traders, and landlords and tenants with a dispute resolution process.
What is VCAT
A dispute resolution tribunal that hears a range of civil cases in Victoria. These can include disputes in residential tenancies, human rights and civil disputes.
VCATs jurisdiction
VCAT cannot hear claims such as…
-Class actions
-Disputes between employers and employees.
-Disputes between neighbors.
-Disputes between drivers.
Appropriateness of VCAT
-Whether the dispute is within VCATS jurisdiction.
-Whether the parties can resolve their disputes between themselves.
-Whether one or more of the parties would prefer the formalities of the courtroom.
-Whether the case is of a complexity or size that is not appropriate for VCAT.
Strengths of VCAT
-VCAT is normally cheaper than courts.
-VCAT generally offers speedy resolution.
-Less formal then courts.
-The final decision made is binding on the parties.
Weaknesses of VCAT
-Due to increased legal representation, the costs of taking a matter to VCAT can sometimes be as high or higher than the courts.
-It may be too informal leading to parties feeling it is ill-equipped to hear the dispute.
-Decisions can only be appealed on a point of law and to the supreme court, making appeals difficult.
The purpose of VCAT
Low cost- parties pay a small amount for filing their claim, just over $70 for smaller claims. There are no hearing fees, and parties can represent themselves.
Accessible- VCAT conducts hearings in various locations in Melbourne, they also have online applications and conducts hearings online or over the phone. VCAT is also less formal.
Efficient- VCAT tries to reduce waiting times.
Independent- VCAT members are independent and will act unbiased.
Dispute resolution methods used at VCAT
Mediation
Compulsory conferences- a confidential meeting between parties involved in a dispute to discuss ways to resolve their differences and explore resolutions. This uses a conciliation process.
Final Hearing- If the matter is not settled at either mediation or a compulsory conference, it will be heard before a VCAT member at a final hearing. Both parties will be given the opportunity to present their case and a VCAT member will oversee the hearing and make a legally binding decision.
