institutions (VCAT)

Question 1

what is VCAT?

Answer 1

the Victorian Civil and Administrative Tribunal, a dispute resolution body that deals with a limited area of law, and build up expertise in those areas.

Question 2

how are tribunals different to courts?

Answer 2

it is intended to be less formal, cheaper, and quicker than courts.

Question 3

how many cases did VCAT hear last financial year?

Answer 3

70,000 cases.

Question 4

who are the people who hear cases in VCAT?

Answer 4

members, they include; the VCAT president (supreme court judge), vice presidents (county court judges), VCAT members (lawyers or other specialists in the relevant area).

Question 5

what are the five divisions that VCAT is divided into?

Answer 5

administrative division, civil division, human rights division, planning and environment division, residential tenancies division.

Question 6

what are VCAT’s four main purposes?

Answer 6

low cost, accessible, efficient, independent

Question 7

what is fast track mediation and hearing?

Answer 7

this is for disputes under $10,000 in the civil claims list, parties try to resolve the issue through mediation and if they can’t, they can have a VCAT hearing another day.

Question 8

what are compulsory conferences?

Answer 8

these are run like conciliation, if unsuccessful, they return later for a VCAT hearing.

Question 9

public VCAT hearings? arbitration?

Answer 9

most hearings are open to public, VCAT hearing is NOT arbitration.

Question 10

what two questions help consider whether VCAT is most appropriate to resolve the dispute?

Answer 10

1. is the dispute within VCAT’s jurisdiction?
2. is there a better way to resolve the dispute?

Question 11

what comes under ‘is the dispute within VCAT’s jurisdiction’?

Answer 11

• VCAT has exclusive jurisdiction in some areas, meaning a plaintiff must bring this type of case to VCAT before court.

Question 12

what comes under ‘is there a better way to resolve the dispute’?

Answer 12

• whether the parties can resolve the dispute themselves outside of VCAT.
• whether the parties will take VCAT seriously or not.

Question 13

what is VCAT’s tiered fee structure?

Answer 13

• companies (corporate fee)
• individual without a concession card (standard fee)
• individual with a concession card (concession fee)

Question 14

what are some strengths of VCAT?

Answer 14

• cheaper due to low application fees, lower hearing fees, parties represent themselves, etc (MORE ACCESS).
• informal atmosphere ensure parties put their case forward in a comfortable way (hearing rule, FAIRNESS).
• equal opportunity to understand and present their case.

Question 15

what are some weaknesses of VCAT?

Answer 15

• delays.
• limited jurisdiction.
• VCAT members aren’t judicial members.