Chapter 7.10

Question 1

tribunal

Answer 1

a dispute resolution body that resolves civil disputes and is intended to be a less costly, more informal and faster way to resolve disputes that courts

Question 2

introduction to VCAT

Answer 2

VCAT hears and determines a range of civil and adminitrative cases in vic. VCAT is divided into 5 divisions, each contain one or more lists which hear certain types of disputes.

Question 3

member

Answer 3

the person who presides over final hearings and complusory confrences at the VCAT. memebers include the VCAT president, ice presidents, deputy presidents and senior and ordinary members

Question 4

VCATS divisions and lists

Answer 4

• residential tenancies division- residential tenancies list
• civil division- civil claims list, building and propery list- owners cooporations list
• human rights division- gaurdianship list- human rights list
• planning and environment division- planning and environment list
• administrative division - legal practice list- review and regulation list

Question 5

purposes of VCAT in resolving disputes

Answer 5

VCATS commitment is to provide victorians with low cost, accessible, efficient and independant tribunal delivery, high quality dispute resolution processes
- low cost
- accessible
- effecient
- independent

Question 6

VCATS purpose - low costs

Answer 6

• generally, the parties need only pay a small amount for filing their claim
• VCAT has 3 tiers or levels of fees: corporate, standard and health care card holders, aim is to make cooperate applicants pay higher fees and those who can only pay a little only pay a nominal fee
• there are no hearing fees for many claims
• parties dont have pre-trial procedures
• parties can represent themselves

Question 7

VCAT purpose - accessible

Answer 7

• conducts hearing in various location in vic
• allows people to make applications online and conduct hearings
• VCAT hearings are less formal

Question 8

VCATS purpose- efficient

Answer 8

• aims to reduce waiting times
• doesnt use pre trial procedures or formal processes

Question 9

VCATS purpose - independent

Answer 9

• VCATS members are independent and will act as unbiased adjudicators

Question 10

VCATS jurisdiction

Answer 10

VCAT obtains its power to hear cases through statutes made by parliament. often the parties will have no choice but to bring their dispute to VCAT, because it has exclusive jurisdiction to hear certain types of claims

Question 11

exclusive jurisdiction

Answer 11

the lawful authority or power of a court, tribunal or other dispute resoltion body to decide legal cases to the exclusion of all others

Question 12

VCAT division - residential tenancies

Answer 12

tenancy disputes, including disputes between residential tenants and landlords, roomly house owners and residents, caravan park owners and residents and site tenants and owners,
- unpaid rent
- repairs, maintence, damages or changes to property
exessive rent increases

Question 13

VCAT division - administrative

Answer 13

professional conducts inquires and applicators from people seeking a review of decisions made by government and other authorities
- cost disputes between lawyers and claims
- disputes about a decision made by a government agency

Question 14

VCAT division - civil

Answer 14

civil disputes relation to consumer matters, building works, owners cooperation matter, rental tenancies and sale and ownership of property
- products and services bought or sold
- quality of domestic or commerical building works
- loss or damage beceause of water flowing into property

Question 15

VCAT division - human rights

Answer 15

matters relation to guardianship and administration,equal opporuntiy, racial and religious vilification, health and privacy information, disability matters and decisions made by the mental health tribunal
- discrimination complaints

Question 16

VCAT division - planning and environment

Answer 16

reviews of decisions made by councils or other authorities
- review about a decision by council to grant or not grant a permit
- disputes about the valuation of a land for the purposes of paying rates and taxes

Question 17

Disputes that VCAT cannot heaar

Answer 17

• class actions
• disputes between employers and employees
• disputes between neighbours
• disputes between drivers in car accidents
• disputes involving federal or state law

Question 18

dispute resolution methods used

Answer 18

• mediation
• complusory confrences
• a final hearing before a member

Question 19

mediation

Answer 19

a cooperative method of resolving disputes, a process in which the parties discuss the issues involved, develop options, consider alternatives and reach an agreement through negotion

Question 20

fast track mediation and hearing

Answer 20

a dispute resolution process used for small claims about goods and services in the civil calims list at the vcat. both the mediation and the hearing will be normally conducted on the same day

Question 21

compulsory confrences

Answer 21

compulsory confrences are confidential meetings during which the parties discuss ways to resolve the dispute in the presence of a vcat member

Question 22

final hearing

Answer 22

if the matter is not settled at mediation, a compulsory confrence or in any other ways it will be listed for a final hearing before a vcat member
- at the hearing parties will be given an opportunity to present their case
- a vcat member will oversee the hearing and make a binding decision

Question 23

orders

Answer 23

• require a party to pay money
• require a party to do something such as peform work
• require a party to refrain from doing something
• review, vary or cancel a contract
• dismiss a claim

Question 24

appeals

Answer 24

appeals from a decision made by vcat may only be made on a question of law

Question 25

appropriateness of vcat

Answer 25

• whether the dispute is withing VCATS jurisdiction
• whether the parties can resolve the dispute
• the nature of the fees
• whether the parties wish to have greater avenues of appeal
• whether one or more of the parties would prefer the formality of the courtroom
• complexity or size of case
• whether parties prefer courts

Question 26

doctorine of president

Answer 26

the rule that the reasons for the decisions of higher courts are binding on courts ranked lower in the same hierarchy in cases where the material facts are similar

Question 27

VCAT strenght and weakness

Answer 27

strength
- cheaper than courts
- speedy resoltuions
- informal atmosphere
- flexibility ensures fairness and equality
- specilised jurisdiction
- binding decision
weakness
- costs can be high
- delays
- may be to informal
- cannot create precedants
- only be appealed on a point of law
- vcat orders still need to be enforced by courts