Key Knowledge The purposes and appropriateness of consumer affairs Victoria in resolving civil disputes Key Skills Discuss and justify the appropriateness of CAV to resolve civil disputes.

Victorian Civil and Administrative Tribunal Tribunals provide a cheaper, quicker and less formal method of dispute resolution for civil disputes. VCAT Began operations on 1 July 1998 (amalgamation of 15 boards and tribunals to offer one-stop shop) Made up of four divisions: Civil Division Human Rights Division  Administrative Division  Residential Tenancies

Divisions and Lists (as of 2017)

The Role of VCAT Established as an alternative avenue of dispute resolution to courts Low-cost: nominal amount for filing a claim, parties are able to represent themselves rather than engage legal representation. Accessible and informal: not bound by rules of evidence and procedure, more conciliatory and less adversarial, uses telephone and video conferences  Timely resolution: shorter time than courts to have a matter heard  Expert bodies: personnel are experienced in the particular list

Types and Incidence of Disputes Heard The range of disputes heard by VCAT includes: Consumer matters Credit Discrimination and equal opportunity Domestic building works Guardianship and administration Residential tenancies and retail tenancies Disputes between people and government agencies Government decisions, such as TAC decisions and freedom of information issues.

Original Jurisdiction Review Jurisdiction Orders Appeals Power from many Acts eg: VCAT ACT 1998(Vic), Residential Tenancies Act 1997(Vic), Equal Opportunities Act 2010 (Vic) Review Jurisdiction Affirm, vary, make another decision in substitution, remit the matter for reconsideration by the decision-maker. Orders Pay money; do something; refrain from doing something; declare a debt is or is not owing; review, vary or cancel a contract; dismiss a claim Appeals May only be made on a point of law If president or VP appeal will appear in Court of Appeal, all other appeals in Trial Division of Supreme Court.

Compulsory Conferences VCAT may direct the parties to attend a compulsory conference – an informal pre- hearing conference using alternate dispute resolution methods. It may be held to: identify and clarify the issues in dispute promote a settlement identify the questions of fact and law to be decided allow directions to be given concerning the conduct of the hearing (such as about the filing and serving of witness statements). Compulsory Conferences

To help settle disputes, VCAT can arrange for a case to be mediated To help settle disputes, VCAT can arrange for a case to be mediated. This usually occurs before a hearing commences. VCAT does not charge a fee for the mediation. If the mediation is successful, the mediator notifies VCAT that the parties have agreed to settle. Mediation

Hearings Takes place before a member of VCAT. Relative informal (although varies according to nature of dispute) Parties will have the opportunity to call or give evidence, ask questions of witnesses and make submissions. VCAT is bound by the rules of natural justice. A person is not excused from giving evidence on the grounds that it may be self-incriminating. However, such evidence would not be admissible in a court for criminal proceedings.

Orders Decisions made by VCAT are binding. Generally, VCAT can make orders such as to require a party to pay a sum of money, restore goods or undertake particular work, vacate a rented property, and vary or cancel a contract. VCAT can also dismiss a claim. Orders made by VCAT can be enforced through the courts.

Appeals A party who is dissatisfied with VCAT’s decision can lodge an appeal, on a question of law, against an order of VCAT to: the Court of Appeal, if the president or vice-president was sitting on the VCAT panel that made the order the Trial Division of the Supreme Court in all other cases. In order to have an appeal heard by the Supreme Court or the Court of Appeal, the court must grant permission to appeal (‘leave to appeal’). When the Supreme Court or the Court of Appeal hears an appeal from VCAT it may: affirm, vary or set aside the order make an order that VCAT could have made in the proceedings send the case back to VCAT to be heard again.

Strengths of VCAT VCAT is less costly: VCAT is less intimidating VCAT is faster VCAT hearings are conducted in a less formal manner The parties are encouraged to reach an agreement themselves

Weaknesses of VCAT VCAT is only suitable for civil disputes Escalating cost of VCAT hearings The cost of VCAT hearings has escalated in recent years, as more parties are now using legal representation. When parties are unable to reach a decision:  In this situation VCAT will make a decision which is binding on the parties. This will result in one of the parties feeling less satisfied with the final outcome. Limited right of appeal:  An appeal can only be made on a point of law.

Discover https://www.vcat.vic.gov.au/news/vcat-on-a-current-affair Investigate https://www.vcat.vic.gov.au