Outcome 2- VCAT + Difficulties Faced by Parties + Post Trial Procedures + Civil Appeals + Adversary System Flashcards
What is VCAT?
The Victorian Civil and Administrative Tribunal provides Victorians with low-cost, accessible and independent tribunals delivering fair and timely resolution of civil disputes without having to go to court.
4 Divisions
Civil Division
Human Rights Division
Residential Tenancies Division
Administration Executive and Registry
Civil Divison
Hears and determines a range of civil disputes from consumer matters, domestic building works and sale of ownership of property. Lists: (Civil Claims, Building and property)
Human Rights Division
Deals with guardianship and administration , equal opportunity and racial vilification. Lists: Guardianship and human rights.
Residential Tenancies Divison
Landlords, Rooming house owners and residents. Lists : Residential Tenancies.
Administration Executive and Registry
People management and strategic communications. No lists.
Collaborative law
Provides a method of dispute resolution in civil matter. Disputing parties are able to sign a contract to agree to work together to resolve their disputes.
Issues that a party may face in a civil dispute
- People may not be aware of their rights
- People may feel traumatised by the prospect of pursing a claim.
- Mediation will only work if both parties agree to attend
- Witnesses may have difficulty remembering the details needed to prove the case.
Why is it important to pursue a civil claim
Because a statement against you can be so damaging it may affect your ability to work or live. The law can provide an opportunity to claim back the position you were in prior.
Post Trial Procedures (Judgment Debt)
The money owing under a court order. A defendant may be ordered to pay money to the plaintiff for repayment of a debt, damages and costs.
Civil Appeals (Define)
When an individual appeals against a decision when mistakes are made. A person appealing against a decision is called the appellant. The other party is called the respondent. A court is said to be in its appellate jurisdiction when hearing an appeal
Appeals from the Magistrate Court
Are heard in the supreme court before a single judge. The county court cannot hear civil appeals
Appeals from the County Court
Are heard in the Court of Appeal, which consists of three judges
Appeals from the Supreme Court
Single Judges are heard in the Court of Appeal
Appeals from the court of Appeal
Heard in the high court. Someone wishing to make an appeal to the High court must first seek permission from the high court
Roles in the Adversary System
- Role of the parties
- Role of the Judge
- Rules of evidence and procedure
- Need for legal representation
- Burden and standard of proof
Burden and standard of proof
Burden- To win
Standerd- Balance of Probabilities
Advantages of the Adversary System
- Impartially and neutrality of judge
- Parties being able to control own case
- Rules of evidence and procedure allow for consistency and fairness
- Burden of proof ensures that whoever is bringing the case has to prove it.
Original and Appellate Jurisdiction in Civil Disputes
When a court is hearing a dispute for the first time, it is operating in its original jurisdiction. When a court is hearing an appeal, it is operating in its appellate jurisdiction.
Civil Jurisdiction (Magistrates Court)
Original:
Minor civil disputes of up to $100000 are heard in the Magistrates’ Court.
Awarded damages over $100000 will have to file the claim in a higher court.
Appellate:
Since the Magistrates’ Court is the lowest court, it has no appellate jurisdiction. That means it is not able to hear any appeals from other courts.
Civil Jurisdiction (County Court)
Original:
The jurisdiction of the County Court for civil claims is unlimited. The litigant has a choice of trial by a judge alone or by a judge and jury (six jurors).
Appellate:
The County Court does not have the jurisdiction to hear appeals in civil matters except where an Act specifically provides for appeals to be heard in the County Court.
Civil Jurisdiction (Supreme Court Trial Division)
Original:
The Supreme Court is divided into the Trial Division (with one justice) and the Court of Appeal (usually with three justices). The Trial Division’s jurisdiction for civil claims is unlimited.
Appellate:
In civil cases, a single judge in the Supreme Court can hear appeals from the Magistrates’ Court on a point of law.
Civil Jurisdiction (High Court)
They follow by the constitution.
