VCAT Flashcards
4 divisions of VCAT
Administrative division
Civil division
Residential tenancies division
Human rights division
Structure of VCAT
VCAT consists of the president, a number of vice-presidents, and deputy presidents, and senior and ordinary members. The president must be a judge of the Supreme Court. Vice-presidents must be judges of the County Court. Each deputy president manages one or more of the lists.
Role of VCAT
VCAT was established as an avenue of dispute resolution that is easily accessible to people in the community, using informal processes that are easy to understand. The tribunal aims to provide low-cost proceedings and timely resolution of civil disputes, as well as experts in particular fields of law, such as anti-discrimination. The decisions of the tribunal are binding on the parties and can be enforced through the courts.
4 of the many types of disputes that can be heard by VCAT
consumer matters
credit
discrimination and equal opportunity
domestic building works
VCAT orders
require a party to pay money MONEY
require a party to do something, such as perform work, carry out repairs, vacate premises ACTION
require a party to refrain from doing something INACTION
declare that a debt is or is not owing DEBT DECLARATION
review, vary or cancel a contract CONTRACT
dismiss a claim. DISMISS
Are VCAT decisions binding
Decisions of VCAT are binding on the parties. Orders made bay VCAT are enforceable by the relevant court. for example the Magistrates’ Court for orders under $100 000. Orders that do not require the payment of money, such as an order that work be done to fix a defective good, can be certified by filing the order at the Supreme Court.
APPEALS from VCAT
Appeals from a decision made by VCAT may only be made on a point of law. If the tribunal was presided over by the president or a vice-president, the appeal will be heard in the Court of Appeal. All other appeals will be heard in the Trial Division of the Supreme Court.
