VCAT

1. VCAT Victorian Civil and Administrative Tribunal

2. Tribunals • Tribunals are a cheaper, quicker and less formal method of dispute resolution for civil disputes than taking a matter to court • They usually deal with a limited area of the law and build up expertise in that area • Tribunals tend to focus on social issues, rather than legal issues, therefore reaching a more equitable decision in many instances

3. VCAT • Established in 1998, VCAT resolves specific civil disputes . • VCAT is a legal body that operates with less formality than courts and in a cheaper and quicker manner. • Structure • Formed as a ‘super tribunal’ to amalgamate all other specialist tribunals that had previously been separate • There are 3 divisions of VCAT, each containing a number of lists or sections that specialise in a particular type of law.

4. VCAT

5. VCAT • VCAT hears more civil cases than all Victorian Courts combined (86 000 cases per year) • Established to overcome the problem of having too many separate tribunals • Its role is to deal with disputes between people and disputes between people and government agencies. • “our aim is to provide Victorians with a modern, low cost, accessible and efficient independent justice system, delivering high quality expert decisions” VCAT Annual Report 2008-09

6. VCAT • President: Supreme Court Judge • A number of vice presidents and deputy presidents: County Court judges • Senior and ordinary members • These members may be full time, part time or sessional

7. VCAT Dispute resolution processes: The dispute resolution processes adopted by VCAT may vary from list to list. Generally the tribunal uses: Negotiation Mediation Conciliation Arbitration 60-70% of VCAT cases are resolved using mediation

8. VCAT Low Cost For many proceedings, parties only need to pay a nominal fee for filing their claim VCAT $36.20 for small claims (89%) $300 for standard claims $600 for complex claims COURTS $150- $229.10 for Magistrates’ Court $506.20 for filing a writ at the County Court

9. VCAT Low Cost • Fees will be waived if parties experience financial hardship • Parties are able to represent themselves • Victoria Legal Aid will provide assistance where required

10. VCAT Timely Resolution • Usual delay is around two weeks (Residential Tenancies List) • Usual delay is around eleven weeks (Civil Claims List)

11. VCAT Accessible and Informal • Hearings are less formal and are not bound by the rules of procedure that courts are • Tribunals use a more conciliatory process rather than the adversarial process characterised by the courts • VCAT tries to increase accessibility for ordinary people, and encourage them to pursue disputes through the tribunal system before accessing the courts (sms reminders, teleconferencing, online lodgements etc)

12. VCAT Expert Bodies • Each list within VCAT is staffed by personnel who are experienced in working in that list • VCAT members include legal practitioners and other professionals with specialist knowledge or expertise (planners, engineers, medical practitioners, architects etc)

13. VCAT Original jurisdiction • Victorian Civil and Administrative Tribunal Act 1998 (Vic.) • Orders VCAT can: • Require a party to pay money • Require a party to do something • Require a party to refrain from doing something • Declare that a debt is or is not owing • Review, vary or cancel a contract • Dismiss a claim

14. VCAT Compulsory Conferences • VCAT may direct parties to attend a compulsory conference. This may be held to: • Identify and clarify the nature of 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 the filing and serving of witness statements

15. VCAT • Appeals • Appeals from a decision made by the tribunal may only be made on a point of law. If the tribunal was presided over by the president or 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