6- Evaluate Courts And VCAT

Question 1

How is the formality of the courts a strength?

Answer 1

• strict rules for evidence and procedure ensure that parties are treated equally and fairly
• helps judge to make a just decision

Question 2

How is the formality of the courts a weakness?

Answer 2

• parties may find the formal environment of the courts and strict procedure intimidating

Question 3

How is legal representation a strength of the courts?

Answer 3

• legal representatives (solicitors and barristers) are experts and experienced in the law.
• ensures that both parties are equally represented

Question 4

How is legal representation a weakness of the courts?

Answer 4

• legal representation creates an extra cost for the parties (lawyers, court fees, etc.)
• quality of legal representation depends on the price, therefore parties are not truly equal

Question 5

How is the adversarial nature of the courts a strength?

Answer 5

• it allows for both parties to put forward their own cases, again encouraging justice and equality
• is appropriate for when there is animosity between parties

Question 6

How is the adversarial nature of the courts a weakness?

Answer 6

• it always results in a ‘win/lose’ situation
• this can increase animosity between the parties, which is not suitable if they must maintain an ongoing relationship (eg, neighbours)
• can also increase resentment towards the legal system

Question 7

How is the accessibility of VCAT a strength?

Answer 7

• it’s cost effective, with claims under $3,000 costing approximately $61
• it’s time effective, with 80% of cases being resolved within 9 weeks
• legal representation is unnecessary

Question 8

How is the accessibility of VCAT a weakness?

Answer 8

• there has been an increase in parties opting to use legal representation (therefore increasing the cost)

Question 9

How is the informal nature of VCAT a strength?

Answer 9

• no strict rules for evidence and procedure (judges do not wear wigs or robes, and they do not sit on an elevated platform)
• this is less intimidating for both parties and may encourage more cooperation

Question 10

How is the informal nature of VCAT a weakness?

Answer 10

• no strict rules for evidence and procedure could negatively impact the fairness of a decision

Question 11

How is the specialisation of VCAT a strength?

Answer 11

• divisions of VCAT (civil, administrative, human rights) each have lists which are similar to court jurisdictions.
• Eg, in the civil division there is a ‘residential tenancies’ list.
• this allows VCAT personnel to develop expertise in their areas.

Question 12

How is the specialisation of VCAT a weakness?

Answer 12

• areas of dispute resolution have become fragmented

- this creates confusion as to where the dispute should be heard