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
VCAT
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.
VCAT
Administrative Division
General List Land Valuation List Occupational and Businesses Regulation List Planning and Environment List Taxation List
Civil Division
Civil Claims List Credit List Domestic Building List Legal Practice List Real Property List Residential Tenancies List Retail Tenancies List
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
VCAT
President: Supreme Court Judge
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
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
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
VCAT
Timely Resolution
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
VCAT
Expert Bodies Each list within VCAT is staffed by personnel who are experienced in working in that list
VCAT member include legal practitioners and other professionals with specialist knowledge or expertise (planners, engineers, medical practitioners, architects etc)
VCAT
Original jurisdiction
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
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
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