Victorian Civil and Administrative Tribunal (VCAT)

Question 1

Who are the President and Vice-Presidents of VCAT?

Answer 1

• President is a sitting Supreme Court judge
• Vice-Presidents are sitting County Court judges

Question 2

Parties in a VCAT dispute

Answer 2

• The applicant
• The respondent

Question 3

What legislation gives VCAT its powers?

Answer 3

• Victorian Civil and Administrative Tribunal Act 1988 (Vic)

Question 4

5 divisions of VCAT

Answer 4

• Residential Tenancies (landlords + tenants)
• Administrative
• Planning/Environment
• Civil (consumer + listed business)
• Human Rights (discrimination)

Question 5

What disputes are outside of VCAT jurisdiction?

Answer 5

• Class actions
• Residents from different states
• Federal jurisdiction
• Where the Australian Government is a party
• Any case involving the Constitution

Question 6

Purposes of VCAT

Answer 6

• To provide a low-cost dispute resolution service
  
  • Differing tiers (corporate, standard, health-care card holders
  • No hearing fees for matters below $100K
• To provide efficient dispute resolution services
  
  • Many resolved through mediation or compulsory conference
• Not bound by rules of evidence or formal procedure, reducing delays
• To provide accessible dispute resolution services
  
  • Lower cost improves accessibility
  • A wide range of locations where people can engage in VCAT
  • Informal procedures mean no representation or knowledge is required

Question 7

What is fast-track mediation?

Answer 7

• Occurs for good/service claims of below $10K
• Can be resolved quickly, but if fails, there will be a final hearing established at a later date

Question 8

Is there the option for regular mediation within VCAT?

Answer 8

• Yes

Question 9

What are compulsory conferences?

Answer 9

• Confidential meeting where parties attempt to settle dispute using conciliation

Question 10

What is a final hearing?

Answer 10

• Both parties will present a case, ask questions and provide evidence, after which the VCAT member will hand down a ruling
• They are legally binding

Question 11

How and where can an appeal VCAT occur?

Answer 11

• Only way to appeal a VCAT decision is on questions of law
• If the appeal is from a President or Vice-President, the appeal will head to the Supreme Court - Court of Appeal
• If the appeal is from a regular VCAT member, it will head to the Supreme Court - Trial Division

Question 12

When is VCAT appropriate?

Answer 12

• If the matter is within their jurisdiction
• If parties would prefer an informal method
• If parties wish to have some agency over the outcome
• If they would like to negotiate but also have the option of a legally binding hearing
• Both parties will comply with a result reached in mediation/compulsory conference
• Parties want a low cost/efficient method of resolution

Question 13

When is VCAT inappropriate?

Answer 13

• If the case is outside their jurisdiction
• A more formal/structured trial is preferred with a higher level of experience
• When a power imbalance exists, so the mediation/compulsory conference may not be useful
• When parties wish to have a jury
• Parties are unwilling to mediate or conciliate