Unit 3 AOS 2 Civil law - 3.2.11 VCAT Flashcards
What is VCAT
Victorian Civil and Administrative Tribunal
L.A.T.E
Low cost
Accessible and informal
Timely
Expert bodies
Purpose of VCAT: Informal
One purpose of VCAT is to be an informal dispute resolution body
No strict rules of procedures or legal rep
Focus’s on resolving disputes
Increases access for ordinary people
Purpose of VCAT: cost effective
VCAT has nominal fees
3 category payment systemL Standard, corporate and concession (Fees are $0 for concession)
No need for legal rep, reduces costs
Purpose of VCAT: Timely
More time effective that courts
Average waiting time for a hearing is 8 weeks
Some hearings are resolved in less than a day
Purpose of VCAT: Expert bodies
VCAT is organized by specialised lists, and each list has the approporiate expert and specialised knowledge to deal with their cases
E.g. Anti-Discrimination List has approporiate resources to deal with these cases
President of VCAT and vice president are county and supreme judges
Dispute resolution used in VCAT
Depending on the division and list, cases are assigned either mediation or compulsory conference
Distributed based on complexity
If not resolved in mediation or compulsory conference, they go to a final hearing
Appeals from VCAT
Made on the point of law, proceed to the Supreme Court TD
If the vice president or president was the presiding VCAT member, the appeal is to the Supreme Court of Appeals
Appropriatness of VCAT: Jurisdiction
VCAT cannot hear
- representative proceedings
- cases between drives in a car accident
- cases between employers and employees
- tenants and tenants
- cases under the wrongs act (negligence and defemation)
Considerations before going to VCAT
Are they:
Willing to negotiate - YES
Wanting an avenue of appeals - YES
Requiring strict rules of procedure and evidence - NO
Time and costs are a problem - YES
Wanting a legally binding decision - NO
Strenght of VCAT: Informal
No strict rules of evidence and procedure
No need for legal rep
Less intimidating for parties
Encourage parties to reach a decision themselves
Ensures fairness
Weakness of VCAT: Power imbalances
No strict rules means a power imbalance can arise, one party may be disadvantages
Forced into agreeing a dissatsified outcome
Less equitable
Strength of VCAT: Timely
Quicker than courts, generally can be resolved in less than a day
Cost and time is reduced, increasing access
Weakness of VCAT: Recent delays + Appeals
However, recently there has been more delays in VCAT due to covid - waiting times are now up to 52 weeks
There’s an avenue of appeals to the supreme court, prolonging delays and costs involved
Strength of VCAT: Cost-effective
Nominal fees, low application fees
Generally no need for legal representation, concession payers do not pay
No pre-trial procedures
More people can engage in their civil claim, increases access
Weakness of VCAT: Increase in legal rep
Recently, there has been an increase in legal rep being used in VCAT
Now fees for some hearings, and large fees for major cases in the planning and environment lists
