civil law part two

• Consumer Affairs Victoria (CAV)


  A body that regulates consumer law in Victoria
• Purpose of CAV


  • To help ensure that Victorians are informed about consumer laws and to ensure that businesses comply with those laws
• What CAV does


  1. Advises the Victorian Government on consumer laws

  2. Provides information and guidance to educate people about consumer laws, including what their rights and responsibilities are, and whether there have been any changes to those laws

  3. Enforces compliance with consumer laws

  4. In limited circumstances, provides consumers and traders, and landlords and tenants, with a dispute resolution process
• Dispute resolving purposes of CAV

  • To help people come to an agreement about how to resolve their disputes efficiently without any cost to them
  • To try and help parties reach a resolution that is consistent with the law. CAV has a compliance focus when resolving disputes (people will be aware of their non-compliance and will not do it again)
• CAV only accepts complaints from consumers and tenants, not businesses and landlords
• How CAV resolves disputes

  1. Primarily offers dispute resolution services over the phone

  2. In some instances, more tailored services such as in-person conciliation can be provided
• Factors CAV considers when assessing appropriateness of a dispute

  • Is the dispute within CAV's jurisdiction?
  • Is the issue likely to be resolved?
  • Is a binding decision needed?
  • Has there been a breach of legislation or failure to comply with legal obligations?
• Strengths of CAV's dispute resolution

  • CAV's conciliation services are free, meaning that they are accessible to all Victorians
  • Conciliation process is informal, and can be done over the phone. This can reduce anxiety.
  • CAV's procedures mean both sides get an opportunity to present their arguments and challenge the opposition's
  • CAV assesses cases individually, case by case, which reduces wastage of time and resources on cases unlikely to succeed
• Weaknesses of CAV's dispute resolution

  • CAV has no power to force/compel parties to participate in conciliation
  • Not all cases are accepted by CAV due to their selection criteria. This means that some cases may fall through the cracks
  • CAV is not appropriate for large and complex disagreements, such as those with difficult legal questions
  • Conciliation through CAV is not binding unless the parties agree to a binding agreement
• A GAL's role includes ensuring that the child receives proper care and education, protecting the child from harm, and representing them in legal matters related to the estate.
• If the decedent left behind minor children, the court must appoint a guardian ad litem (GAL) to represent their interests during probate proceedings.
• The court may appoint an administrator to manage the estate if there is no will or if the executor fails to act.
• VCAT


  Victorian Civil and Administrative Tribunal
• Purposes and appropriateness of institutions used to resolve disputes

  • VCAT
  • Class actions
  • Methods and institutions used to resolve a civil dispute
• VCAT

  • Dispute resolution body which deals with a limited area of law, and has expertise in that area
  • Less formal than courts, and is intended to be cheaper and more efficient
• VCAT stands for the Victorian Civil and Administrative Tribunal
• Other than complaints bodies and courts, another type of body that resolves disputes is a tribunal
• Tribunal


  • Dispute resolution bodies which deal with a limited area of law, and have expertise in that area
  • Less formal than courts, and is intended to be cheaper and more efficient
• VCAT hears more than 85K claims per year
• VCAT was established in 1998
• VCAT is one of the busiest tribunals in Australia
• VCAT has 5 divisions, each with own lists
• VCAT Structure


  • President (who is a Supreme Court judge)
  • Vice Presidents (who are County Court judges)
  • Deputy Presidents, Senior Members and Members
• VCAT Jurisdiction

  • Residential Tenancies
  • Administrative
  • Civil
  • Human Rights
  • Planning & Environment
• VCAT cannot hear class actions
• VCAT cannot hear disputes between employers and employees
• VCAT cannot hear disputes between neighbours (unless it is a dispute about an owner's corporation)
• VCAT cannot hear disputes between drivers in car accidents
• Tribunal


  Dispute resolution body which deals with a limited area of law, and has expertise in that area
• Differences between VCAT and a court

  • VCAT is less formal than courts
  • VCAT is intended to be cheaper and more efficient than courts
• VCAT


  Victorian Civil and Administrative Tribunal
• Key Knowledge


  The purposes and appropriateness of institutions used to resolve disputes, including the Victorian Civil and Administrative Tribunal
• Four purposes of VCAT


  • Low cost
  • Accessible
  • Efficient
  • Independent
• The standard fee for a VCAT process is $70 (as of 1st July 2023)
• Low cost


  VCAT has three tiers of fees: Corporate, Standard, and Healthcare Card Holders. This aims to make corporations pay more and those who can't afford high fees pay less. There are no hearing fees for many claims, such as claims under $100k. Parties can represent themselves - more than 80% of people are self-represented.
• Accessible


  There are several VCAT locations across Victoria. Applications can occur online and conducts hearings online and over the phone. VCAT hearings are less formal than court hearings. Parties can represent themselves - more than 80% of people are self-represented.
• Efficient


  VCAT aims to reduce wait times. The average wait time in the Residential Tenancies List is 4 weeks. VCAT generally does not use pre-trial procedures, ensuring efficient resolutions.
• Independent


  VCAT's members are independent and will act in an unbiased fashion.
• Strengths of VCAT


  • VCAT is normally cheaper than courts
  • This can make people feel more comfortable with the process
  • This is due to low application fees, lower or no hearing fees and prevalence of self-representation
  • This results in VCAT personnel developing expertise in a particular area of law
  • VCAT is normally time-efficient
  • The average time from application to resolution of disputes is four weeks in the busiest list - Residential Tenancies
  • Informal atmosphere at VCAT
  • Each VCAT list has specialised jurisdiction
  • Binding decision can be made
  • Flexibility of processes
  • The decision made in a Final Hearing is binding and fully enforceable
  • Ensures fairness and equality for unrepresented parties, because the member can adjust proceedings to account for this
• What dispute resolution methods does VCAT use?


  • Mediation
  • Compulsory Conferences
  • Final Hearing