4.1.6 VCAT and the Courts

Question 1

Importance of courts:

Answer 1

Fair and unbiased hearings

Easy access to the legal system.

Question 2

Court Strength 1:

Answer 2

Greater formality

Question 3

Greater Formality:

Answer 3

The court involves strict rules of procedure and evidence. This ensures each party has an equal chance of presenting their case (e.g. hearsay evidence is inadmissible) and challenging other parties evidence. This ensures a fair and unbiased trial.

Question 4

Court Strength 2:

Answer 4

The parties right to appeal court decisions is extensive

Question 5

Appeal court decisions:

Answer 5

Parties can appeal on questions of law, fact and amount of damages in civil cases if they can establish grounds for an appeal. Therefore, if a party is dissatisfied with the outcome of their case it can be reviewed by a higher court and in this way inappropriate or incorrect decisions can be reversed,

Question 6

Court Weakness 1:

Answer 6

Time Consuming

Question 7

Time consuming:

Answer 7

There can be complex pre-trial procedures that take a significant amount of time to complete and there can often be delays in bringing a case to trial as the courts often have a backlog of cases to hear. Additionally the trial itself can be time consuming as there are trial procedures including the presentation of evidence and cross examination of witnesses.

Question 8

Court Weakness 2:

Answer 8

Expensive

Question 9

Expensive:

Answer 9

Court costs (e.g. filing fees) and the cost of legal representation can be very expensive. The party who loses may also be required to pay large amounts of damages and also the legal costs of the winning party. These high costs may discourage people from making a civil claim, limiting access to the legal system.

Question 10

VCAT Strength 1:

Answer 10

Faster and more efficient

Question 11

Faster and more efficient:

Answer 11

The waiting time to hear a matter in VCAT is less than for a court. Some VCAT lists take 2-4 weeks to have a matter heard from the application filled, whereas in the courts it often takes weeks, months or years to have a matter heard due to delays. Additionally, VCAT does not follow the strict rules of procedure and evidence, thus legal representatives need less time for preparation and time-consuming trial procedures like witness cross-examination do not apply in VCAt

Question 12

VCAT Strength 2:

Answer 12

Cost effective

Question 13

Cost effective:

Answer 13

VCAT hearings are cheaper than court trials because of the low application fee for most matters, with there being only a $61.50 application fee in the Civil Claims List for claims under $3000. Moreover, it is recommended but not necessary to have legal representation, allowing VCAT to be more accessible.

Question 14

VCAT Weakness 1:

Answer 14

Too informal

Question 15

Not suitable for all disputes:

Answer 15

The fact that VCAT does not include strict rules of evidence and procedure can mean parties do not have an equal chance to present their case and challenge the evidence of the other party. Furthermore, legal representation is recommended but not compulsory, consequently parties who do not use an attorney can be at a disadvantage, as their lack of expertise in law can reduce the strength of their case and its presentation.

Question 16

VCAT Weakness 2:

Answer 16

Limited avenues of appeal

Question 17

Limited avenues for appeal:

Answer 17

VCAT hearings are legally binding and enforceable, but the right to appeal from such cases is very limited and successful appeals are uncommon. The avenue of appeal is also provided in limited circumstances, that is on questions of law where the decision was made by the President or Vice President.

Question 18

Similarity 1:

Answer 18

Both use all 4 dispute resolution methods

Question 19

4 Dispute Resolution Methods:

Answer 19

The courts and VCAT can refer a case to mediation and conciliation before a hearing or trial, and success can save money and time for parties.

Question 20

Similarity 2:

Answer 20

Both use an impartial third party

Question 21

Impartial third party:

Answer 21

The third party is an independent and impartial adjudicator who is skilled in their areas of expertise, and thus they can make a fair and equitable determination.