Institutions

• CAV is an organisation that provides information about the law and free dispute resolution services. CAV regulates consumer law and helps to ensure that Victorians are informed about consumer law, as well as ensuring that businesses are complying with those laws.
• VCAT has jurisdiction over civil matters such as building disputes, debt recovery, employment issues, tenancy disputes, and guardianship applications
• CAV specifically:

  • Advises the Vic Government on consumer legislation (laws about the sale and purchase of goods and services).
  • Provides information and guidance to educate people about consumer laws, including what their rights and responsibilities are and if there are any updates to the law.
  • Enforces compliance with consumer law.
  • In limited circumstances, provides consumers and traders landlords and tenants with a dispute resolution process. 
• • The governing body of VCAT consists of the President (Supreme Court judge), vice presidents (County Court judges), deputy presidents, senior members and ordinary members. 
  • They are responsible for the management and administration of VCAT.
• “VCAT is a low cost, accessible, efficient and independent tribunal delivering high quality dispute resolution processes”
• Tribunals deal with limited areas of law but are experts in those areas
• The purposes of VCAT are to be: low-cost, accessible, efficient, and independent
• VCAT is an affordable method of dispute resolution through:

  • The standard filling fee is approximately $70 for smaller claims (varies)
  • VCAT has a three-tiered fee system:
  • Corporate (pays the most).
  • Standard.
  • Concession (Health Care Card holders - pays the least). 
  • Some people are exempt from paying fees altogether (e.g. under 18, represented by VLA). 
  • Fee relief is also available for those experiencing financial hardship.
  • For civil claims under $100,000, there are no hearing fees.
  • For rental disputes that take less than a day to hear, there are no hearing fees.
• • More than 80% of people represent themselves. Sometimes it is even prohibited by VCAT. 
  • For example, VCAT generally doesn't permit legal representation to be used if the claim is for goods and services under $15,000.
• VCAT achieves accessibility by:

  • having several venues across the state, allowing them to conduct hearings in various locations.
  • Applications available to be made online to VCAT
  • Some hearings can be conducted online or by phone.
  • VCAT hearings are less formal than court hearings. In many disputes, there are no pre-trial procedures or formal evidence processes.
• VCAT achieves efficiency by generally negating pre-trial procedures and formal processes
• VCAT hears only those disputes as specified by statutes made by parliament.
• The five divisions of VCAT's jurisdiction: Residential tenancy division, Human rights division, Planning and environment division, administrative division, and the Civil division
• Claims beyond VCAT's Jurisdiction:

  • Class actions
  • Disputes between employers and employees.
  • Disputes between neighbours about stuff (unrelated to owner’s corporation).
  • If a party does not reside in Victoria.
  • If the Commonwealth is a party.
• The three main types of dispute resolution methods include Mediation (including fast-track mediation and hearing), Compulsory conferences, and a Final hearing before a VCAT member.
• Compulsory Conferences involve all parties attending a meeting at which a registrar tries to resolve the matter through discussion. This may result in settlement or further directions being given regarding how the case proceeds.
• Fast track mediation is where the parties have agreed to participate in mediation within 14 days of filing their application with VCAT. If they do not agree to this process, then it goes straight to compulsory conference.
• Mediation involves an independent third person who helps parties reach agreement on their own without making any decisions themselves. The mediator will facilitate discussion between the parties involved and encourage them to find solutions that work best for everyone.
• A final Hearing involves presenting evidence and submissions to a VCAT Member who makes a decision on the matter.
• Fast Track Mediations are conducted within two weeks of filing an application with VCAT.
• A final hearing before a VCAT Member occurs when the parties are unable to settle the dispute during mediation or compulsory conference. In these cases, the matter is heard by a single VCAT member who makes a binding decision based on evidence presented.
• One strength of VCAT is that it is normally cheaper than the courts due to their fee structure, fee relief, low or no hearing fees, less reliance on legal representation, etc.
• One weakness of VCAT is there has been an increased use of legal representation, increasing price. Also the more you’re claiming or the longer your hearing goes for the more you end up paying
• One strength of VCAT is that it generally offers a speedy resolution, especially through its range of methods e.g. mediation can resolve a case within a day.
• One weakness of VCAT is that VCAT has experienced delays and backlog since Covid. The longer a matter drags on, the more stressful it generally becomes for those involved.
• One strength of VCAT is that its Informal atmosphere may make parties feel more at ease.
• One weakness of VCAT is that some parties may prefer formal processes offered at court. Some may prefer lawyers to talk on their behalf (e.g. not allowed at some mediation through VCAT).
• One strength of VCAT is that A VCAT member can be more involved in the resolution of a case through VCAT compared to the courts which can help self-represented parties in particular.
• One weakness of VCAT is that VCAT is not a court so cannot form precedents which means decisions made by members varies from case to case and lacks consistency and predictability.
• One strength of VCAT is that each VCAT list is highly specialised, allowing each list to develop expertise in resolving similar types of disputes.
• One weakness of VCAT is the limited ability to appeal a VCAT order - only on a point of law (most people generally appeal against a verdict/remedy).
• One strength of VCAT is that a binding decision can be made at a VCAT hearing - which is enforceable,

  However, one weakness resulting of this is that VCAT orders still need to be enforced through the courts.
• One strength of VCAT is that it has an extensive jurisdiction over many areas of dispute including consumer affairs, building disputes, tenancy issues, employment matters, guardianship and administration, mental health, human rights and equal opportunity complaints, planning and environment, taxation, and small claims up to $100,000
• One weakness of VCAT is that there are no juries available at VCAT hearings.
• One strength of VCAT is that in 2024 they have implemented a range of cultural initiatives to foster access and inclusion for Victorians of all backgrounds.  This includes the introduction of the Diversity and Inclusion Committee, Koori support team and Disability Liaison Officers.  This upholds the principle of equality as VCAT is attempting to embed adequate measures within its practice which correct disadvantage experienced by minorities such as the Indigenous community and people experiencing disability. 
• Purposes of CAV

  • To help people disputing about goods or services provided to them, or about their tenancy, to come to an agreement about how to resolve their dispute efficiently without any cost to them
  • To try to help parties reach a resolution that is consistent with the law - CAV can do this by reinforcing a business or landlords legal obligations and if need be they can enforce compliance with the law
• Jurisdiction of CAV: Only accepts complaints from consumers and tenants, not from businesses and landlords
• The two main types of disputes CAV may be able to help with are:

  1. Disputes between purchasers and consumers against suppliers.

  Examples: disputes over a product being faulty, damaged, not fit for purpose, irreparable.

  Examples: disputes over a service not being completed with care or skill, took too long, caused damage, is not fit for purpose.

  2. Disputes between a tenant and a landlord.

  Examples: disputes about rental agreements, rent, signing or ending a lease, rental applications, repairs.
• CAV will only accept complaints where:

  • The problem is about a business or rental provider/property manager - do not accept complaints about consumers or renters.
  • A person has made a reasonable attempt to resolve the problem with the business or rental provider/property manager.
  • The problem is within their jurisdiction and not more appropriately handled by another organisation
  • Legislation or contractual rights appear to have been breached.
  • The problem has a reasonable chance of being resolved.
  • The courts or a tribunal have not already ruled on the matter, and there is no case pending
• CAV’s favoured method of dispute resolution is conciliation: CAV mostly delivers this service over the phone although it can happen in person if need be