EVALUATION OF THE OPERATION OF COURTS AND VCAT

Question 1

4 strengths of courts in resolving disputes

Answer 1

All types
Specialised
Legal representation
Independent experts

Question 2

All types

Answer 2

The courts can hear all types of cases, both criminal and civil. They are not limited by any legislation which specifies the types of disputes that can be heard.

Question 3

Specialised

Answer 3

The courts have developed specialised lists or courts to allow for greater administrative convenience and specialisation for certain cases. Examples of specialised lists or courts include the Drug Court and the Assessment and Referral Court List in the Magistrates’ Court, the Koori Court Division in the Magistrates’ Court and County Court, and the Commercial Court in the Supreme Court.

Question 4

Legal representation

Answer 4

The use of legal representation ensures that parties are equally represented and able to argue their case. This can benefit the parties in ensuring rules of evidence and procedure are complied with and their best case is put forward.

Question 5

Independent experts

Answer 5

The courts use independent experts whose specialist skills help determine the outcome of cases. The judges are experts in their area and will use their skills and experience in handing down a decision.

Question 6

4 weaknesses of courts in resolving disputes

Answer 6

Fees
Delays
Formal
Adversarial

Question 7

Fees

Answer 7

High court fees and the need for legal representation make it expensive. This may lead to people not pursuing their cases.

Question 8

Delays

Answer 8

Delays are very common and often there is a backlog of cases waiting to be heard. This can cause issues for the parties, such as longer delay in getting a just outcome, problems with witnesses being able to recall their evidence, and the possibility of some parties or even witnesses dying before the case is heard. This can result in parties waiting a very long time for their dispute to be resolved.

Question 9

Formal

Answer 9

Strict rules of evidence and procedure are followed. This formality could be intimidating for parties.

Question 10

Adversarial

Answer 10

It is adversarial in nature, with one party winning and the other losing, which could increase tension between the parties.

Question 11

4 strengths of VCAT in resulting disputes

Answer 11

Cheaper
Quicker
Informal
Specialised

Question 12

Cheaper

Answer 12

VCAT is normally cheaper than courts due to low application fees. Parties being able to represent themselves also results in lower costs.

Question 13

Quicker

Answer 13

There is quicker resolution of disputes – the average time from application to resolution of disputes in some lists is about five weeks.

Question 14

Informal

Answer 14

An informal atmosphere ensures that parties can put their case forward in their own way, rather than be subject to strict rules of evidence and procedure. Telephone and video conferences are also available in place of attending the tribunal, as well as online resolution.

Question 15

Specialised

Answer 15

Each list operates in its own specialised jurisdiction. This results in the tribunal personnel developing expertise in resolving disputes in that area.

Question 16

4 weaknesses of VCAT in resolving disputes

Answer 16

Only civil
Limited appeals
Too informal
Delays

Question 17

Only civil

Answer 17

VCAT is only able to resolve civil disputes, not criminal disputes. Therefore VCAT is limited in its ability to hear all matters.

Question 18

Limited appeals

Answer 18

There is a limited right to appeal VCAT decisions. Decisions can only be appealed on a point of law, and to the Supreme Court (Trial Division or Court of Appeal), making it very difficult and very expensive to appeal a case.

Question 19

Too informal

Answer 19

It can be too informal – some parties may feel uncomfortable or ill-equipped to deal with the lack of formal procedure.

Question 20

Delays

Answer 20

Recently VCAT has suffered long delays in some of its lists, particularly the Planning and Environment List. Some have argued this is hurting the economy as many construction projects are unable to go ahead without the appropriate permits.