Outcome 2- VCAT + Difficulties Faced by Parties + Post Trial Procedures + Civil Appeals + Adversary System

Question 1

What is VCAT?

Answer 1

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.

Question 2

4 Divisions

Answer 2

Civil Division
Human Rights Division
Residential Tenancies Division
Administration Executive and Registry

Question 3

Civil Divison

Answer 3

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)

Question 4

Human Rights Division

Answer 4

Deals with guardianship and administration , equal opportunity and racial vilification. Lists: Guardianship and human rights.

Question 5

Residential Tenancies Divison

Answer 5

Landlords, Rooming house owners and residents. Lists : Residential Tenancies.

Question 6

Administration Executive and Registry

Answer 6

People management and strategic communications. No lists.

Question 7

Collaborative law

Answer 7

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.

Question 8

Issues that a party may face in a civil dispute

Answer 8

• 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.

Question 9

Why is it important to pursue a civil claim

Answer 9

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.

Question 10

Post Trial Procedures (Judgment Debt)

Answer 10

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.

Question 11

Civil Appeals (Define)

Answer 11

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

Question 12

Appeals from the Magistrate Court

Answer 12

Are heard in the supreme court before a single judge. The county court cannot hear civil appeals

Question 13

Appeals from the County Court

Answer 13

Are heard in the Court of Appeal, which consists of three judges

Question 14

Appeals from the Supreme Court

Answer 14

Single Judges are heard in the Court of Appeal

Question 15

Appeals from the court of Appeal

Answer 15

Heard in the high court. Someone wishing to make an appeal to the High court must first seek permission from the high court

Question 16

Roles in the Adversary System

Answer 16

• Role of the parties
• Role of the Judge
• Rules of evidence and procedure
• Need for legal representation
• Burden and standard of proof

Question 17

Burden and standard of proof

Answer 17

Burden- To win

Standerd- Balance of Probabilities

Question 18

Advantages of the Adversary System

Answer 18

• 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.

Question 19

Original and Appellate Jurisdiction in Civil Disputes

Answer 19

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.

Question 20

Civil Jurisdiction (Magistrates Court)

Answer 20

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.

Question 21

Civil Jurisdiction (County Court)

Answer 21

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.

Question 22

Civil Jurisdiction (Supreme Court Trial Division)

Answer 22

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.

Question 23

Civil Jurisdiction (High Court)

Answer 23

They follow by the constitution.