1 / 19

The Victorian Civil and Administrative Tribunal (VCAT)

The Victorian Civil and Administrative Tribunal (VCAT). 2012 – 2013 VCAT Cases. Dispute Resolution Methods. Reasons why tribunals are important. Chapter 5, The courts and the VCAT, pg. 139. Resolves everyday legal issues. VCAT’s Structure. Headed by a President- A Supreme Court judge

dolf
Download Presentation

The Victorian Civil and Administrative Tribunal (VCAT)

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript


  1. The Victorian Civil and Administrative Tribunal (VCAT)

  2. 2012 – 2013 VCAT Cases

  3. Dispute Resolution Methods

  4. Reasons why tribunals are important Chapter 5, The courts and the VCAT, pg. 139

  5. Resolves everyday legal issues

  6. VCAT’s Structure • Headed by a President- A Supreme Court judge • Vice-presidents- County Court judges • Deputypresidents- allocated to each list. • VCAT members are lawyers who preside over the hearings and are responsible for conciliation and arbitration of disputes • VCAT is divided into 3 divisions called“Lists”

  7. Review P.211 - Divisions Chapter 5, The courts and the VCAT, pg. 140

  8. 2012 – 2013 Case load per list VCAT Annual Report 2012 -2013

  9. Example: Civil Claims List • Hears disputes for small payment claims • Faulty goods • Mainly between consumers and traders • Performance of work. • Motor car Trading • Disputes settled through; Mediation Conciliation Arbitration

  10. Example: Residential Tenancies List • Hears disputes between landlord and tenant. • Dispute settlement procedures: Mediation Conciliation Arbitration

  11. Administrative Division • Example:Planning and Environment List-deals with appeals and applications about the use and development of land. Usually about local council planning decisions or permits

  12. Human Rights Division • Anti-Discrimination List - hears complaints against discrimination (race, age, pregnancy) • Guardian List – hears involving people who cannot make decisions for themselves due to disability

  13. Resolving a dispute at VCAT

  14. Resolving disputes in VCAT • Mediation- neutral 3rd party helps the parties negotiate an agreement – if unsuccessful- back to VCAT for hearing • Conciliation- unbiased 3rd party suggests solutions to resolve dispute • Arbitration- Independent 3rd party imposes a legally binding decision to settle a dispute. This is legally binding

  15. Compulsory Conferences • Parties may be required to attend a pre-hearing compulsory conference • Here they are given opportunity to mediate or conciliate a resolution before it proceeds to arbitration where a binding decision is imposed • Identifies issues and questions of law and fact • Direction is given on what will happen next

  16. Hearing • Many cases proceed to a hearing • Evidence is presented, witnesses are questioned • At the end a VCAT member adjudicating the dispute will make a legally binding decision • Parties usually don’t have legal representation but can in a variety of circumstances

  17. Rules of Evidence and Procedure • Formal rules used in courts do not apply • Witnesses can be examined, cross-examined and re-examined • Can use conference calls via video links • Telephone • Entirely based on documents without physical appearance

  18. Appeals • Can appeal a VCAT decision (on a point of law only) To the Supreme Court (Trial Division) (OR) If decision made by the president/vice president (VCAT) can appeal to the Court of Appeal • VCAT does not have appellate jurisdiction • Does have power to review decisions of specific government agencies and statutory example. • See P214 case as an example.

  19. Your Turn • Questions 1 – 6 located on Page 214 of student text

More Related