U2 AOS2 - VCAT

Question 1

What is a tribunal?

Answer 1

• A tribunal is a dispute resolution body that obtains their power to resolve certain types of disputes from Parliament via statute law
• They develop experience in particular types of disputes and can make binding decisions. However, tribunals cannot hear every type of dispute, such as class actions
• There are both Commonwealth and State tribunals

Question 2

Purpose of a tribunal?

Answer 2

• The purpose of the tribunal is to deliver a low cost, efficient and accessible alternative to the courts

Question 3

Victorian Civil and Administrative Tribunal (VCAT)

Answer 3

• VCAT is given its powers through the Victorian Civil and Administrative Tribunal Act 1988 (Vic)

Question 4

Presidents and Vice Presidents of the VCAT

Answer 4

• The president is a current Supreme Court judge
• The four vice presidents are County Court judges

Question 5

VCAT jurisdiction

Answer 5

• It is the largest tribunal in Victoria with the power to hear a wide range of civil and administrative disputes
  
  • VCAT has exclusive jurisdiction over some types of disputes, such as domestic building disputes, which must be determined by VCAT rather than the courts
  • However, the VCAT is not suitable for complex claims such as class actions, defamation cases, personal injury claims or disputes involving large monetary damages

Question 6

Parties in the VCAT

Answer 6

• The person who is applying to have their dispute resolved (generally the aggrieved party) is called the applicant
• The person who is responding to a claim made against them is called the respondent

Question 7

Divisions of VCAT

Answer 7

• There are five divisions and within each division cases are grouped together in what VCAT refers to as a list
  
  • Residential Tenancies division (the busiest)
  • Administrative division
  • Planning and Environment division
  • Civil division
  • Human Rights division

Question 8

How VCAT allows for low-cost dispute resolution services

Answer 8

• Parties do not require legal representation (in some disputes representation is not permitted)
• VCAT fees are low compared to courts. Some VCAT lists have no application fee and fees can also be waived or postponed for those in financial hardship

Question 9

How VCAT allows for efficient dispute resolution services

Answer 9

• Hearings are less time consuming as VCAT is not bound by the same rules of evidence and procedure as the courts
• Many cases are referred to mediation or compulsory conferences such as conciliation
• VCAT hearings involve fewer pre-hearing procedures, so there is less time between application and receiving a resolution

Question 10

How VCAT allows for accessible dispute resolution services

Answer 10

• VCAT’s low cost ensure more people have access to dispute resolution bodies and remedies
• VCAT uses phone and video conferences for some hearings, mediations and compulsory conferences so that parties don’t have to travel long distances
• VCIT uses informal procedures compared to court, which is easier to understand by the parties