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dispute resolution bodies Flashcards

1
Q

types of dispute resolution bodies

A

tribunals
ombudsmen
complaints bodies
courts

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2
Q

what is a tribunal

A

dispute resolution bodies that obtain their power to resolve certain types of disputes from parliament bia statute law
- legally binding

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3
Q

VCAT

A

Victorian Civil and Administrative Tribunal
- exclusive jurisdiction
- non suitable for complex disputes e.g. class actions

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4
Q

VCAT act

A

Victorian Civil and Administrative Tribunal Act 1998 (Vic)

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5
Q

VCAT 5 divisions

A

-residential tenancies division
- administrative division
- planning and environment division
- civil division
- human rights division

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6
Q

VCAT purposes

A

low cost
efficient
accessible

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7
Q

provide low-cost dispute resolution services

A
  • x require legal rep
  • fees are low compared to courts. some applications have no application fee and can be waived or postponed
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8
Q

provide efficient dispute resolution services

A
  • less time consuming bc not bound by same rules of evidence and procedure as the courts
  • referred to mediation or conciliation
  • require fewer pre-hearings so less time between application and resolution
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9
Q

provide accessible dispute resolution services

A
  • low costs so people have access
  • phone and video conferences
  • informal procedures so easier to understand
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10
Q

ombudsman

A

official (independent person) appointed by the government to investigate complaints made by individuals and small businesses against a company or organisation

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11
Q

ombudsman act

A

Ombudsman Act 1973 (Vic)

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12
Q

2 types of ombudsmen

A
  • government (complaints a/b gov institutions)
  • industry based (complaints a/b specific categories of the private sector)
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13
Q

key features of ombudsman

A
  • free
  • indiv v org
  • conciliation/arbitration
  • can be legally binding
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14
Q

complaints bodies

A

deal w complaints about the provision of goods and services
- free
- indiv v org
- more informal
- only dispute resolution services, not hearings
- not binding

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15
Q

examples of complaints bodies

A
  • Health Complaints Commissioner
  • Victorian Legal Services Commissions
  • Victorian Equal Opportunity and Human Rights Commission
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16
Q

CAV

A

Consumer Affairs Victoria
- Victorian civil complaints body that provides info and helps resolves disputes to create a fair and competitive marketplace for consumers and business

17
Q

CAV act

A

Australian Consumer and Fair-Trading Act 2012 (Vic)

18
Q

purposes of CAV

A
  • edu people about consumer laws about rights and responsibilities of businesses and consumers
  • provide dispute resolution process (sometimes)
  • advise Vic Govt on consumer legislation
  • initiate legal action against businesses who breach consumer protection laws in Vic
  • investigate complaints about unsafe products being sold and remove if needed
19
Q

CAV and conciliation

A
  • first attempt to settle themselves then CAV
  • if X success, CAV will provide voluntary and free conciliation services
  • X legally binding unless signed deed of settlement
20
Q

2 types of CAV disputes

A
  • consumer against business (Australian Consumer Law and Fair Trading Act 2012 (Vic))
  • tenant against landlord (Residential Tenancies Act 1998 (Vic))
21
Q

role of the courts

A
  • determine liability of a party
  • determine on the remedy (if required)
22
Q

4 courts

A
  • magistrates court
  • county court
  • supreme court (trial division)
  • supreme court (court of appeal)
23
Q

civil jurisdiction of MC

A

ORIGINAL:
- minor civil claims up to $100,000
- if less than $10,000 -> arbitration

APPELLATE:
- no appellate jurisdiction

24
Q

civil jurisdiction of CC

A

ORIGINAL:
- unlimited (usually over $10,000 - e.g. defamation, property purchasing)

APPELLATE:
- no appellate jurisdiction unless granted under specific Act of Parliament

25
Q

civil jurisdiction of SC(TD)

A

ORIGINAL:
- unlimited (usually large and complex commercial disputes and class actions

APPELLATE:
- appeals from MC
(unless Chief Mag) or VCAT (unless Pres or vice-pres) on questions of law

26
Q

civil jurisdiction of SC(COA)

A

ORIGINAL:
- no original jurisdiction

APPELLATE:
- appeals from CC and SC(TD) on questions of fact, law or amount of damages
- appeals from chief mag or VCAT pres/vice-pres

Legal (18 decks)

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