CHAPTER 6- Resolution Bodies And Methods

Question 1

❓❓❓define summary offences

Answer 1

-a kronor offend head in the magistrates court

Question 2

❓❓❓define indictable offence

Answer 2

-a serious offence that can be heard before a judge and jury

Question 3

❓❓❓define original jurisdiction

Answer 3

-the authority to hear a case for the first time

Question 4

❓❓❓define appellate jurisdiction

Answer 4

-the authority to hear a case on appeal

Question 5

❓❓❓define court hierarchy

Answer 5

-an organisation of the courts based on the importance and severity of the cases heard

Question 6

❓❓❓what are the four reasons for a court hierarchy?

Answer 6

• doctrine of precedent
• administrative convenience
• appeals
• specialisation

Question 7

❓❓❓explain Doctrine of Precedent (reasons for a court hierarchy)

Answer 7

• means decisions made in higher courts are binding on lower courts in the same hierarchy
• ratio decidendi in higher courts establishes precedent to be followed in the future by lower courts
• provides consistency (similar cases treated in a like manner)
• provides predictability (solicitors can inform clients of what the law is and what decision is likely to me made in a particular case)
• this system would not be possible without a hierarchy because there would be no higher courts to make precedents for lower courts to follow

Question 8

❓❓❓explain appeals (reasons for a court hierarchy)

Answer 8

• someone who is dissatisfied with a decision can, if there are grounds for an appeal, take the matter to a higher court
• provides fairness, should allow for mistakes to be corrected
• if there were no higher courts in a hierarchy a system of appeals could not operate and this may create unfairness if courts were incorrectly determined by a court

Question 9

❓❓❓explain administrative convenience (reasons for a court hierarchy)

Answer 9

• a hierarchy allows for thdistribution of cases according to seriousness
• more serious or complex cases heard in higher courts, as they take longer to hear and require a more experienced judge
• mini cases are dealt with quicker and less expensively in lower courts
• legal personnel are allocated to courts according to their level of expertise so that more experiences personnel can deal with complex issues

Question 10

❓❓❓explain specialisation (reasons for a court hierarchy)

Answer 10

• courts have been able to develop their own areas of expertise
• lower courts are familiar with smaller cases that need to be dealt with quickly and efficiently
• higher courts have developed expertise in hearing complex cases including major crimes or large sums of money
• other specialist courts such as the Children’s Courts and Family Court have been developed to deal with specialised areas of law

Question 11

❓❓❓explain the original criminal jurisdiction of the magistrates court

Answer 11

• summary offences
• indictable offences heard summarily
• committal hearings
• issuing warrants
• issuing bail applications

Question 12

❓❓❓Explain summary offences (original criminal jurisdiction of the magistrates court)

Answer 12

• minor criminal offences heard with or without the defendant present
• e.g. Shoplifting, property damage, road traffic offences (careless driving)

Question 13

❓❓❓explain indictable offences heard summarily (original criminal jurisdiction of the magistrates court)

Answer 13

• an indictable offences heard in the magistrates court as though it were a summary offence, rather than before a judge and jury
• e.g. Offences for which the jail term is ten years or less and the maximum fine is $140,000 // causing serious injury recklessly // firearm offences // threats to inflict serious injury, burglary, handling stolen goods

ADVANTAGES TO THIS:

• matter is dealt with faster and cheaper (longer wait in higher courts, and need barrister and solicitor)
• jail sentence will be less (Max jail term is two years for a single offence. No more than five years in jail can be given in the magistrates court)

Question 14

❓❓❓explain committal hearing (original criminal jurisdiction of the magistrates court)

Answer 14

• aka. Preliminary hearing
• a pre trial procedure used for indictable offences
• aims to establish whether, ‘on the face of it’, the prosecution in a serious case has sufficient evidence to support a conviction (to Void wasting the court and the defendants time and money)
• also avoids finding a guilty person innocent because of the lack of evidence as they can’t be prosecuted again if more evidence info urn in the future (double jeopardy rule)

Question 15

❓❓❓explain issuing warrants (original criminal jurisdiction of the magistrates court)

Answer 15

-the registrar (magistrates helper) of the magistrates court can issue warrants to arrest and warrants to seize property

Question 16

❓❓❓explain issue bail applications (original criminal jurisdiction of the magistrates court)

Answer 16

• when a person is free until the time of their trial, on a promise to appear athlete ail or hearing
• surety is when money is deposited with the court to ensure the accused returns for their trial (if they don’t show up, money is lost to court // protects the right of being innocent until proven guilty)
• those unable to come up with surety are disadvantaged because then they have to stay in remand while waiting for a trial to come up

Question 17

❓❓❓explain the original civil jurisdiction of the magistrates court

Answer 17

• hears all civil disputes up to $100,000 such as motor vehicle disputes, contractual disputes, personal injury claims, claims undertake torts of negligence, defamation and trespass
• has jurisdiction to operate as a family court In A limited capacity, only regarding urgent injunctions to remove a child from a family for personal safety , and nonpayment of child support disputes
• civil disputes where money being sought is less than $10,000 are referred to arbitration to be resolved. If matter is not resolved, it can be brought before court again

Question 18

❓❓❓explain appeals in the magistrates court

Answer 18

• not able to hear criminal or civil appeals. Therefor,Pe, it has no civil jurisdiction, because it’s the lowest court in the hierarchy
• pre hearing conference provides an opportunity for parties to determine the issues in dispute prior to the court hearing. It intends to save costs and court time and encourage an out-of-court settlement

CRIMINAL APPEALS

• against a conviction of the severity of a sentence given in the magistrates court are heard in the county court
• Appeals in a point of law are heard in the Supreme Court (Trial Division) before one justice

CIVIL APPEALS
-on,y in a pint of law, to the Supreme Court (Trial Division) before one justice

Question 19

❓❓❓Explain the original criminal jurisdiction of the County Court

Answer 19

• hears most indictable offences such as sex offendes (e.g. Rape), drug trafficking, serious assaults
• does not hear murder, attempted murder, child destruction, conspiracy, treason
• criminal trials, when the accused pleads ‘not guilty’, are heard before a judge and jury of twelve

Question 20

❓❓❓explain the original civil jurisdiction of the court court

Answer 20

• can hear all civil claims, e.g. Personal injury claims, or contractual disputes, to an unlimited amount
• jury is optional (if one party wants, they pay. If both, they share)
• in a civil trial jury of six is empaneled, or eight if the trial is long enough
• if no jury, one judge decides the verdict and santon/remedy

Question 21

❓❓❓explain the criminal appellate jurisdiction of the county court

Answer 21

• hears criminal appeals from he magistrates court against a conviction, against a sentence, or on a question of fact
• hears appeals from the Children’s Court against a sentence
• appeals heard as a rehearing by a single judge, no jury

Question 22

❓❓❓explain the civil appellate jurisdiction of the county court

Answer 22

-cannot hear civil appeals, unless form the magistrates court where an act specifically stated that appeals must be heard in the county court

Question 23

❓❓❓explain the original criminal jurisdiction of the Supreme Court (Trial Division)

Answer 23

-hears the most serious indictable offences, e.g. Milder attempted murder, child destruction, treason, corporate offences

Question 24

❓❓❓explain the original civil jurisdiction of the Supreme Court (Trial division)

Answer 24

-hears personal injury and contractual disputes of an unlimited amount

Question 25

❓❓❓explain juries in the Supreme Court (Trial Division)

Answer 25

• all criminal trials when the accused pleads ‘not guilty’ are heard before a judge and a jury of twelve
• if the accused pleads ‘guilty’ no jury is required
• in civil trials, if both parties agree, then there’s a jury of six (up to eight)

Question 26

❓❓❓explain the criminal appellate jurisdiction of the Supreme Court (Trial Division)

Answer 26

• hears criminal appeals from the magistrates court and Children’s Curt on a point of law
• e.g. Definition of a word, e.g. Studded belt Cade was appealed by the defendant to the Supreme Court

Question 27

❓❓❓explain the civil appellate jurisdiction of the Supreme Court (Trial Division)

Answer 27

-hears from magistrates court in a pint of law, and from VCAT, except when it had been presided over by the vice-president or president of VCAT

Question 28

❓❓❓explain the original criminal jurisdiction of the Supreme Court (Court of Appeal)

Answer 28

-does not hear criminal cases for the first time

Question 29

❓❓❓explain the original civil jurisdiction of the Supreme Court (Court of Appeal)

Answer 29

-does not hear civil cases for the first time

Question 30

❓❓❓explain the criminal appellate jurisdiction of the Supreme Court (Court of Appeal)

Answer 30

• hears criminal appeals from the Supreme Court (Trial Division), and the county court, only on a point of law, a conviction (except against an acquittal), and on the leniency or the severity of a sanction
• defendant needs leave for an appeals (permission)
• a hearing is not a retrial. The Court of Appeal reads through a written record of the evidence presented at the trial and listens to the arguments presented by both sides at the appeal

Question 31

❓❓❓explain the civil appellate jurisdiction of the Supreme Court (Court of Appeal)

Answer 31

-hears appeals from the Supreme Court (Trial Division), county court, and VCAT on a point of law if the president or vice-president was presiding

Question 32

❓❓❓explain appeals from the Supreme Court (Court of Appeal)

Answer 32

• only on the ground s of a point of fact, or a point of law
• criminal and civil appeals FROM the decisions made in the Court of Appeal are heard by the Full Court of the High Court

Question 33

❓❓❓give five advantages of a court hierarchy

Answer 33

• allows for the doctrine of precedent which creates consistency and predictability
• a,,laws for appeals to be heard by higher courts
• administrative convenience means that more serious cases are heard by more experienced judges
• allows for courts to specialise in their area of law
• fewer delayed due magistrates court hearing less serous cases, and the more complicated cases heard in higher courts

Question 34

❓❓❓give five disadvantages of a court hierarchy

Answer 34

• precedent mad by higher courts can be avoided (distinguished or disapproved) or may not be appropriate but has to be followed
• too many appeals, and this causes more delayed, back log, and increases cost
• more administrative personnel is needed to run different courts, which is expensive
• there are more courts, making them more difficult for people to find. A single court would be easier to find, and all matters would be heard in one place
• parties in lower courts don’t receive the same level of judicial experience

Question 35

☀️☀️☀️VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL

Answer 35

• joined sixteen tribunals into one to overcomes some of the problems of having too many separate tribunals e.g. Reduce administrative costs by reducing the number of personnel required
• three divisions: civil division, human rights division, administrative council

Question 36

❓❓❓why was VCAT established?

Answer 36

-it was established to streamline procedures and provide easier access for those involved in minor civil disputes

Question 37

❓❓❓what is the main purpose of VCAT?

Answer 37

-it’s purpose is to provide a civil justice system that is more efficient and cost effective than a court system, and a timely resolution which is accessible and informal

Question 38

❓❓❓explain ‘low cost’ (purpose of VCAT)

Answer 38

• for many proceedings, the parties only need to par a nominal amount for filing their claim, although costs vary from list to lift
• if the payment of VCAT may cause financial hardship, the Principal Registrar may waive the fee
• costs are further reduced as parties are able to represent themselves, rather than having to engage legal representation. VCAT also provides assistant to those who are unrepresented through members guidance in hearings

Question 39

❓❓❓explain ‘timely resolution’ (purpose of VCAT)

Answer 39

• a matter before VCAT can be heard in a shorter time than taking a matter to a court
• e.g. In the Residential Tenancies List, the busiest VCAT list, the average time delay from application to hearing is two weeks
• most hearings, if not on complex, are completed within a day

Question 40

❓❓❓explain ‘accessible and informal’ (purpose of VCAT)

Answer 40

• hearings are not bound by the rules of evidence and procedure used in courts
• tribunals use a more conciliatory process rather than the adversarial process used in the courts of two parties fighting to win. Sometimes parties may be directed to attend mediation, or a compulsory conference
• increase accessibility for ordinary people, using processes such as an SMS reminder messaging for tenants in Residential Tenancy hearings, and lodging documents and conducting hearings online via the Internet using VCAT online

Question 41

❓❓❓explain ‘efficient’ (purpose of VCAT)

Answer 41

• expert bodies are used within VCAT
• each list in VCAT is staffed by personnel who are experienced in working in that list
• e.g. Civil Claims List, Residential Tenancies List, Anti-Discrimination List
• enables members and support staff to develop expertise in dealing with the specific laws and related disputes in that area
• VCAT members include legal practitioners and other professionals with specialised knowledge or expertise e.g. Planners, architects, engineers, medical practitioners

Question 42

☀️☀️☀️APPEALS IN VCAT

Answer 42

• only against a decision, and can only proceed on a question of law
• if the president or vice-president of VCAT were sitting on the tribunal panel for the care, the appeals proceed to the Supreme Court (Court of Appeal. Therefore, judicial determination is used
• appeals on decisions made by other tribunal members proceed to the Trial Division

Question 43

☀️☀️☀️DISPUTE RESOLUTION METHODS

Answer 43

• criminal disputes are only dealt with in court
• civil disputes can be resolved in courts OR tribunals
• in civil disputes, mediation, conciliation, arbitration and judicial determination are used in both tribunals and courts
• only judicial determination deals with criminal disputes

Question 44

☀️☀️☀️TRIBUNALS

Answer 44

• civil disputes resolved here
• e.g. VCAT
• tribunals are not courts, but they perform similar functions of hearing and resolving disputes
• have a more flexible operation of streamlining procedures and use a more conciliatory approach to resolving disputes, rather than an adversarial approach of a winner and loser

Question 45

❓❓❓what are two reasons tribunals were established for?

Answer 45

• to reduce the workload on courts to free them up for criminal and more serious civil disputes
• enable smaller, less serious disputes to be settled in a more timely and cost effective manner than in courts

Question 46

❓❓❓give seven key key features of tribunals

Answer 46

• very specialised jurisdiction that covers only one area of law. Allows them to develop expertise and provide more just outcomes. E.g. Residential Tenancies List, Anti-Discrimination List.
• proceedings are less formal than courtroom trials, which will make the resolution of disputes less intimidating for parties
• cost is minimal as there’s only one application fee and generally no ongoing filing costs
• legal representation is often not encourage, therefore there is additional potential cost savings
• a tribunal decision is binding so outcomes have the same force S a decision in court. Is there’s noncompliance by one party, the tribunals decisions is enforced through the magistrates court
• appeals go to the Supreme Court (Court of Appeal) but appeals from a tribunal hearing are generally more limited than they are from a court hearing
• disputes are settled more quickly through tribunals due to the informality and lack of legal representation

Question 47

☀️☀️☀️PREFERRED DISPUTE RESOLUTION METHOD IN VCAT

Answer 47

• mediation
• VCAT encourages parties to resolve disputes through mediation and conciliation because this:
  1) minimises costs and disruption to the parties (quick)
  2) helps them stay in control of their outcomes
  3) keeps relationship intact for the two parties, if they can come up with their own solution
  4) they’re successful DRM, as 60-70% of cases lodged at VCAT are resolved during mediation or at the compulsory pre-hearing conference
• if mediation/conciliation isn’t successful, the matter proceeds to a hearing
• in a hearing, the DRM used is arbitration or judicial determination, therefore the outcome is binding

Question 48

☀️☀️☀PREHEARING CONFERENCE IN TRIBUNALS

Answer 48

Aims to:

• identify and clarify issues in disputes
• promote a settlement
• identify questions of fact and law
• explain how the hearing will be conducted

Question 49

☀️☀️☀️HEARINGS IN TRIBUNALS

Answer 49

• arbitration or judicial determination is used
• conducted in a relatively informal atmosphere, but must act respectively
• evidence is given open oath or affirmation
• VCAT is not bound by rules of evidence, but there are rules of procedure
• lawyers are not compulsory, but they are allowed for claims of $10,000 or more
• parties only pay an application fee
• at the conclusion of the hearing, the decision is made by a VCAT adjudicator, which is binding

Question 50

❓❓❓define mediation. What is the role of the third party? Give some extra information

Answer 50

• mediation is a cooperative method of solving civil disputes where parties problem solve together to reach a solution they are both happy with and not lay blame
• a neutral third party (mediator) helps parties communicate and reach their agreement. (Doesn’t offer advice)
• there are strict rules of procedure, however it is based around discussion rather than evidence
• decision are not legally binding unless a contract is signed or a court or VCAT ratifies the agreement
• suitable when parties have an ongoing relationship

Question 51

❓❓❓define conciliation. What is the role of the third party? Give some extra information

Answer 51

• conciliation is a cooperative method of solving disputes which aims to being parties together in a compromise that is fair and legally sound
• a neutral third party (conciliator) helps the two parties compromise. They are an expert in the field, so they can offer suggestions and solutions
• no strict rules of evidence or procedure
• Based around discussion and exploiting ideas
• decisions are not legally binding unless the parties sign a contract or a court or VCAT ratifies the agreement

Question 52

❓❓❓define arbitration. What is the role of the third party? Give some extra information

Answer 52

• arbitration is an informally adversarial method of solving disputes which aims to find out which party is more in the right than the other
• the third party (arbitrator) runs proceedings by asking parties and witnesses questions and hearing each party’s arguments
• flexible rules of evidence and procedure
• similar to a hearing: less discussion than mediation and conciliation but more formal, but evidence and procedure can be adapted to the needs of the dispute
• the arbitrator makes an order or award in favour of one party, often splitting roughly down the middle
• the decisions is binding and enforceable (parties sign a contract beforehand to agree on an arbitrator and commit to whatever Denison they give

Question 53

❓❓❓define judicial determination. What is the role of the third party? Give some extra information

Answer 53

• judicial determination is an adversarial method of solving disputes which aims to discover which party is in the right and which is in the wrong
• the third party is a judicial officer (e..g magistrate, VCAT president, VCAT Vice President) who hands down a legally binding and fully enforceable verdict or finding
• strict rules of evidence and procedure
• most formal DRM
• each party controls their own case
• parties can appeal the decision
• the only method suitable for criminal disputes, or where there is animosity between parties

Question 54

❓❓❓give two strengths and weaknesses of mediation

Answer 54

1)
-is a more cost effective than judicial determination. For example, mediation at the dispute settlement centre of Victoria is free. It also results in a resolution in a shorter space of time than a court or VCAT hearing, if the parties are able to compromise. They generally last from a few hours to a few days
HOWEVER
-mediation may still result in a court trial or VCAT hearing is it fails. The time and money spent will therefore not have achieved anything

2)
-mediation had no rules of evidence and the rules of procedure are supportive rather than intimidating; parties are encouraged to ‘tell their story’.
HOWEVER
-one party may compromise too much in an effort to resolve the disputes because there is no requirement to be legally fair

Question 55

❓❓❓give three strengths and weakness of conciliation

Answer 55

1)
-results in a resolution in a shorter space of time than a court or VCAT hearing, if the parties a re able to work together. Conciliation conferences last only from a few hours to a few days
HOWEVER
-it may still result in a court trial or VCAT if it fails. The time and money spent will have therefore not have achieved anything

2)
-conciliation conference are less formal than hearings. Therefore there are no rules of evidence, and the procedure is not as intimidating for parties because the conciliator will lead the discussion, ask questions and give advice
HOWEVER
-one party may be better able to control proceedings and achieve a kore favourable outcome, as lawyers are generally not used and the focuses is on achieving agreement rather than having correct legal arguments

3)
-the conciliator is usually an expert in the field and is able to offer suggestions to encourage resolution. Parties may feel they are receiving the benefit of expert and independent advice
HOWEVER
-conciliation is not used extensive,t by courts or VCAT. If parties want an independent expert third party conciliator, they jug hit have to pay for a private one themselves

Question 56

❓❓❓give three strengths and weakness of arbitration

Answer 56

1)
-the arbitrator hands down the award, which is legally binding and enforceable. Parties therefore have closure and a more timely resolution
HOWEVER
- the arbitrator’s decision and award cannot often be appealed if one party believes an error had been made. The only arbitration appeal available is on a point of law if the arbitration is conducted by an ordinary VCAT member

2)
-during arbitration, parties are encouraged to resolve the dispute themselves. The arbitrator will allow them to discuss the issued. And will be guided by whatever they agree between themselves.
HOWEVER
-arbitration is not suitable for complex legal disputes because the evidence is not scrutinised in detail and parties are not able to make detailed legal submissions

3)
-rules of evidence are quite flexible, and most evidence will be admissible. Rules of procedure are also failed flexible, as the arbitrator runs proceedings and discussions. Parties don’t have to make submissions unassisted.
HOWEVER
-evidence is relied upon, but because there’s no formal cross-examination or rules of admissibility it ought be misleading or unfairly prejudicial to one party

Question 57

❓❓❓give three strengths and weakness of judicial determination

Answer 57

1)
-the decision handed down by the judicial officer is binding. Parties therefore receive closure and certainty.
HOWEVER
-judicial determination through VCAT hearing gives a binding outcome, but it can’t be appealed on s question of fact, only on a point of law. If one aptly disagrees with the order made they can’t appeal.

2)
-lawyers are frequently used, which means parties have a great deal of support and an experienced professional who can advise them as to the best decisions, make persuasive arguments and give them the best chance of success
HOWEVER
-judicial determination is more expensive than other dispute resolution methods if used at court, as there are ongoing filing fees of hundreds of dollars on too of a lawyer, such as expert witnesses and evidence costs

3)
-detailed reasons are given by a judicial professional, particularly when used through court, and courtroom judicial determination is the only method where the outcome is bound by precedent and can set precedent.
HOWEVER
-judicial determination uses the stricter rules of evidence and procedure, particularly when used in a court hearing. This can be intimidation for the parties, and can mean some inadmissible evidence can’t be used

Question 58

☀️☀️☀️THE USE OF MEDIATION IN COURTS AND VCAT

Answer 58

COURTS

• many magistrates courts (s.g. Broadmeadows Magistrates Court) order compulsory mediation before a hearing
• the county court had the power to order mediation before a trail
• the Supreme Court commenced a compulsory mediation program in 2009 for selected civil disputes before trial

VCAT

• used extensive,t in some lists e.g. Anti-Discrimination List
• also uses telephone mediation in some lists, such as Residential Tenancies List

Question 59

☀️☀️☀️THE USE OF CONCILIATION IN COURTS AND VCAT

Answer 59

COURTS

• used at pre-hearing conferences in Magistrates Court
• conducted to reach an out-of-court settlement, or to resolve a complicated issue before going to court

VCAT
-generally held at venues such as Human Rights Commission when settling disputes arising at the Anti-Discrimination List of VCAT

Question 60

☀️☀️☀️THE USE OF ARBITRATION IN COURTS AND VCAT

Answer 60

COURTS

• used in the magistrates court for disputes where the amount being claimed is less than $10,000
• in the Supreme Court most commercial law disputes are settled by an arbitration hearing
• county court doesn’t have a formal arbitration program, but has the power to refer parties to arbitration with or without their consent

VCAT

• called ‘arbitration’ only when hearing are conducted by ‘ordinary members’
• occurs in a hearing room that is open to the public (has SOME rules of evidence and procedure, but are flexible)

Question 61

☀️☀️☀️THE USE OF JUDICIAL DETERMINATION IN COURTS AND VCAT

Answer 61

COURTS

• presided over by a magistrate, judge, or justice
• open to the public
• proceedings are a matter of public record
• court hearings and trials are therefore conducted using this

VCAT

• hearings before the president or Vice-President are presided over by a ‘presiding member’
• open to the public
• hearings are a matter of public record

Question 62

❓❓❓give one strength and weakness of courts and VCAT in regards to legal representation

Answer 62

COURTS
-the use of legal rep. means parties are able to present the case in the best manner possible and increase the chances of a successful, outcome.
HOWEVER
-it is generally recommended that parties hire legal representation, which is bad of one party doesn’t have this, as they are at a disadvantage

VCAT
-legal rep. is not allowed, which reduces the costs of trials, but it can be ordered by the judge, or if both parties agree
HOWEVER
-it is bad if one party is una Le to express themselves adequately

Question 63

❓❓❓give one strength and weakness of courts and VCAT in regards to formality

Answer 63

COURTS
-strict rules of evidence and procedure apply. This allows parties to be treated early and to prepare for trial, and also ensures that all evidence presented is relevant, reliable and legally obtained
HOWEVER
-the procedure is more focused on treating parties equally and fairly rather than finding the truth, and therefore the Katys truly in the right may not win.

VCAT
-parties have more of an Ability to tell their story because of tags flexible rules of evidence, which can be given in written form or as a statement rather than examination
HOWEVER
-some stronger parties may be ab,s to dominate proceedings because if these more flexible rules, and could intimidate the other party

Question 64

❓❓❓give one strength and weakness of courts and VCAT in regards to time

Answer 64

COURTS
-court trials have a distinct process of a pretrial and trial. These could reduce actual court time by narrowing the scope of the issues in dispute, and can encourage out-of-court settlements.
HOWEVER
-these processes may add to the time taken to resolve a dispute and increase the complexity of the preceding and increase the reliance on legal representation

VCAT
-vcat aims to resolve disputes within ten weeks with an average length being 14 weeks. This is generally quicker than courts.
HOWEVER
-combined with the lack of rules of evidence and procedure, it could be argues that this quick resolution means that not all evidence is tested appropriately.

Question 65

❓❓❓give one strength and weakness of courts and VCAT in regards to appeals

Answer 65

COURTS
-all elements of trail and hearing decisions are subject to appeal. This gives an opportunity for nay errors to be fixed and justice to be achieved.
HOWEVER
-the ability to appeal can add to the time and cost associated with resolving a dispute. Appeals are virtually unlimited from court hearings, as all elements of trial are subject to appeal and multiple appeals can be held up to the High Court. This can prolong the dispute and significantly increase the cost

VCAT
-there are limited grounds of appeal, and ss the cost of appeals is quite high, not allowing appeals reduces the overall cost of resolution.
HOWEVER
-having limited grounds for appeal and having appeals go to the Supreme Court (Court of Appeal) only on a point of law reduces access to justice.

Question 66

❓❓❓give one strength and weakness of courts and VCAT in regards to costs

Answer 66

COURT
Weakness: parties are required to pay for legal representation/advice, ongoing court fees, and sometimes a jury

VCAT
-only has one filing fee, starting from around $40, and there are no ongoing fees for evidence or the hearing
ALSO
-legal costs may range from $30 up to $500 if lawyers are allowed, which is much cheaper than a court hearing.