Chapter 6: Resolution Bodies and Methods

Question 1

What are the 4 reasons for a court hierarchy? SAAD

Answer 1

Specialisation
Appeals
Administrative convenience
Doctrine of precedent

Question 2

Why are appeals needed in a court hierarchy? (3)

Answer 2

• Court hierarchy allows party who feels the decision in their case is unjust to appeal to a higher court
• Provides fairness and opportunity for unjust decisions to be corrected
• Without hierarchy avenue for appeal wouldn’t exist

Question 3

Why is the doctrine of precedent needed in a court hierarchy? (3)

Answer 3

• Hierarchy allows decisions of higher courts be binding on lower courts in same hierarchy
• Creates consistency, predictability and fairness, like cases treated similarly
• Without hierarchy doctrine of precedent couldn’t operate as there would be no lower courts

Question 4

why is specialisation needed in a court hierarchy? (3)

Answer 4

• each court within hierarchy becomes familiar with types of cases heard within their jurisdiction
• results in expertise in relation to the types of cases a court hears and the procedures used, increasing efficiency
• without hierarchy all courts would hear all types of cases

Question 5

Why is administrative convenience needed in a court hierarchy)? (3)

Answer 5

• hierarchy allows higher courts to hear more serious and complex cases, lower courts hear minor and shorter cases
• helps reduce delays in lower courts because minor cases dealt with quickly, without having to wait for the more lengthy cases

Question 6

what is the original criminal jurisdiction of the supreme court?

Answer 6

most serious indictable offences

Question 7

What is the appellate jurisdiction of the supreme court?

Answer 7

civil appellate:
- appeals on points of law from man court and VCAT if case wasn’t presided over by the P or VP

criminal appellate:
- appeals on points of law from mag court (one justice)

Question 8

what is the original jurisdiction of the court of appeal?

Answer 8

civil
- no original jurisdiction

criminal
- no original jurisdiction

Question 9

what is the civil appellate jurisdiction of the court of appeal?

Answer 9

with leave on:

• points of law
• question of fact
• amount of damages
• from Single judge of County, Sup court or VCAT if case was presided over by the P or VP (one justice)

Question 10

what is the criminal appellate jurisdiction of the court of appeal?

Answer 10

with leave on:
- point of law
- conviction 
- severity or leniency of sentence 
from County or Sup court

Question 11

What must occur for indictable offences to be heard summarily? (3)

Answer 11

• prosecutor or accused must apply to the court
• court must be satisfied that the matter is suitable for hearing summarily
• accused must consent to matter being dealt with summarily

Question 12

When did VCAT commence?

Answer 12

1st of the 7th 1998

Question 13

What is the role/objectives of VCAT?

Answer 13

provide Victorians with a low-cost, accessible, efficient and independent tribunal delivering high-quality dispute resolution. (low cost, accessible and informal, timely resolution and expert bodies)

Question 14

how does VCAT allow for low cost? (key objectives)

Answer 14

although costs have been increasing, VCAT costs can be low because legal rep is usually not required and because of the low application fees

Question 15

how does VCAT allow for a timely resolution? (key objectives)

Answer 15

depends on lists but usually weeks rather than months before hearing and the duration of the hearing is shorter than the courts because of the less formal procedures

Question 16

how is VCAT accessible and informal? (key objectives) (3)

Answer 16

• not bound by strict rules of evidence and procedure
• more conciliatory than adversarial
• hearings can also be conducted online

Question 17

how is VCAT have expert bodies?(key objectives)

Answer 17

• personnel have expertise in dealing with specific laws and related disputes
• professional development for staff is ongoing, with in-house learning centre

Question 18

what are 2 examples of disputes heard by VCAT?

Answer 18

• disputes between tenants and landlords

- anti discrimination cases e.g. discrimination based on gender in workplace

Question 19

What is the function of VCAT?

Answer 19

review jurisdiction can affirm, vary or set aside decisions e.g.. VOCAT outcome

Question 20

who can orders be enforced by and what is an example of an order?

Answer 20

• can be enforced by mag court (less than $100,000) or sup court if does not involve payment of money
• eg completion of a contract

Question 21

What type of disputes are suitable for mediation?

Answer 21

• when a continuing relationship is required (dispute between family members)
• both parties are willing to compromise and stick to any agreement reached

Question 22

what types of disputes are not suitable for mediation? (2)

Answer 22

• Where there is no continuing relationship between parties

- Where there is a history of broken promises

Question 23

when will the courts use mediation?

Answer 23

Mag court, county court and sup court refer most civil cases to mediation to speed up their resolution and reduce the backlog of cases

Question 24

when is mediation used in VCAT?

Answer 24

VCAT encourages parties to try to resolve their dispute using mediation, as it minimised costs and disruption to parties and helps them to stay in control of the outcome

Question 25

When is conciliation used in the courts?

Answer 25

The Family Court will often send the parties to a conciliation conference before the matter goes to court

Question 26

when is conciliation used in VCAT?

Answer 26

VCAT can order parties to take part in compulsory conference to clarify nature of the issues and promote settlement before matter is heard

Question 27

When is arbitration used in the courts?

Answer 27

in civil matters before mag court where claim is less than $10,000 the parties must settle dispute before an arbitrator

Question 28

when is arbitration used in VCAT? plus e.g.

Answer 28

VCAT is able to settle matter to arbitration on the basis that it is a more appropriate forum e.g the contract between the parties dictates that disputes are to be resolved by arbitration

Question 29

when is JD used in VCAT?

Answer 29

Decisions made by the P or VP can be considered JD because the P and VP are judges of the sup and country court and thus are judicial officers

Question 30

what are 2 problems with a hierarchy?

Answer 30

• MORE COURTS – a single court would be easier for people to find, as all matters would be heard at the same place.
• APPEALS depend on there being a higher court to appeal to. If only one level of court this might discourage the high number of appeals, which would save time and money.

Question 31

what are the 4 divisions of VCAT?

Answer 31

Civil division, Human rights division, administrative division and residential tenancy division

Question 32

What is one reason why a person would want their indictable offence to be heard summarily in the mag court?

Answer 32

• Max penalty is less in mag court

- mag can only give sentence no more than 2 years (or 5yrs for multiple offences)

Question 33

What is the function of the mag court?

Answer 33

to hear minor criminal and civil matters

Question 34

What is the function of the county court?

Answer 34

to hear less serious indictable offences

Question 35

What is the function of the Supreme court (trial division)?

Answer 35

to hear the most serious indictable offences

Question 36

What is the function of the Court of Appeal?

Answer 36

to hear appeals from the Supreme Court, County court and VCAT