3.2.4 CAV and VCAT

Question 1

Consumer Affairs Victoria

Answer 1

a civil complaint body that hears disputes from consumers and tenants. CAV provides a forum for resolving disputes using conciliation. however, parties must first attempt to settle the dispute themselves

Question 2

purpose of CAV

Answer 2

provide free info about consumer law to the public and conciliate disputes arising under consumer laws. it is and ADR however they will not impose a solution, they will only propose.

Question 3

appropriateness of CAV

Answer 3

• if the dispute is within the jurisdiction
• parties have tried to negotiate themselves
• both parties willing to attend conciliation
• likelihood case will settle

Question 4

CAV and access

Answer 4

free and informal however limited jurisdiction

Question 5

CAV and fairness

Answer 5

mutually acceptable solution and timely however cannot force parties to attend and participate in conciliation and cannot enforce decisions

Question 6

CAV and equality

Answer 6

provided with conciliator however not available to all parties

Question 7

victorian civil and administritive tribunal

Answer 7

a tribunal, that was established in 1998, to solve a range of civil and administrative disputes in Victoria.

Question 8

purpose of VCAT

Answer 8

to provide Victorians with a low cost, accessible, efficient and independent tribunal that delivers high-quality dispute resolution in a timely matter.
ADR that provides relief for courts

Question 9

appropriateness of VCAT

Answer 9

• case is within the jurisdiction (lots of topics)
• if parties unable to resolve in another way
• parties prefer informal resolution process
• cannot hear representative proceedings, between employers and employees, neighbours, or ppl involved in car accidents

Question 10

VCAT and access

Answer 10

low cost, less formal and supportive however limited jurisdiction and increasing costs

Question 11

VCAT and fairness

Answer 11

binding, timely and supportive methods however no juries and no legal representation and limited right to appeal VCAT decisions

Question 12

VCAT and equality

Answer 12

flexible however not available for all disputes

Question 13

CAV jurisdiction

Answer 13

purchasers and suppliers, tenants and landlords, retirement villages contracts and owner’s corporation.

Question 14

VCAT structure

Answer 14

ADMINISTRATIVE - applications of review of permanent government decisions
CIVIL - consumers, domestic buildings, retail tenancies
HUMAN RIGHTS - guardianship (over 18y/o) equal opportunity
RESIDENTIAL TENANCIES - disputes b/n residencies and tenants

Question 15

VCAT dispute resolution methods

Answer 15

mediation (independent party that helps discussion of issue and keep peace while reaching a solution)

compulsory conferences (pre-hearing meeting where VCAT member aids in finding solution prior to a hearing)

final hearing (similar to court hearing, with a VCAT member, case is heard and binding decision is made)

Question 16

VCAT appeals

Answer 16

a VCAT decision can ONLY be appealed on a point of law and will go to the supreme court trial division which costs lots of time and money - is it worth it?