The Appropiateness Of CAV

Question 1

What are types of disputes CAV can help settle?

Answer 1

-disputes between purchasers and suppliers, or consumers and suppliers about the supply, or possible supply’s of goods and services under 40k.
-disputes between tenants and landlords
Disputes in relation to the operation of owners

Question 2

What is CAV’s jurisdiction limited to?

Answer 2

• provision of goods and services
• residential tenancies (complaints about tenants and landlords)
• retirement villages
• owners cooperation formally known as body cooperate

Question 3

What does the likelihood of the case settling depend on?

Alternatives to CAV???

Answer 3

-The behaviour of the complainant
-delay in receiving the complaint
-Previous cases involving the other party
-The other part has already made offers to settle
Alternatives to CAV are negotiation or tribunals.

Question 4

Factors CAV considers when resolving a dispute?

Answer 4

• There has been no delay on the person complaining
• the other party has not previously refused to participate in conciliation
• the person complaining has not contributed by acting inappropriately.
• the dispute is not overly subjective
• the trader hasn’t already made a reasonable offer that was rejected
• *if non of these are present, CAV may help through conciliation

Question 5

When can CAV conciliation claims?

Answer 5

CAV can conciliate claims in which

• The dispute is within CAV’s jurisdiction
• There has been an attempt for the parties to resolve the dispute.
• The dispute has not been or is not pending by either VCAT or a court.
• There is a “reasonable likelihood”of settlement.