2. Reasons for the existence of tribunals
Low cost of proceedings
Disputes are hear much quicker
Informal Atmosphere
Parties are encouraged and supported and to reach a
decision by themselves
Less emphasis on the adversarial process
5. VCAT was established on 1 July 1998 to replace all
the different tribunals
VCAT is divided into 3 divisions:
6. VCAT was established on 1 July 1998 to replace all
the different tribunals
VCAT is divided into 3 divisions:
Civil Division:
Deals with
disputes between
individuals
7. VCAT was established on 1 July 1998 to replace all
the different tribunals
VCAT is divided into 3 divisions:
Human Rights
Civil Division: Division: Deals with
Deals with matters relating to
disputes between guardianship administration
individuals and discrimination
8. VCAT was established on 1 July 1998 to replace all
the different tribunals
VCAT is divided into 3 divisions:
Human Rights
Civil Division: Division: Deals with
Deals with matters relating to
disputes between guardianship administration
individuals and discrimination
Administration division:
Disputes between individuals and
the government
12. Anti-discrimination — Anti-Discrimination List of VCAT
It is unlawful to discriminate on a number of grounds including
age, impairment, etc.
Discrimination is unlawful in areas of
employment, education, accommodation, goods
and services, clubs and associations, sport and
local government — with some exceptions
13. Anti-discrimination — Anti-Discrimination List of VCAT
It is unlawful to discriminate on a number of grounds including
age, impairment, etc.
Discrimination is unlawful in areas of
employment, education, accommodation, goods
and services, clubs and associations, sport and
local government — with some exceptions
Exemptions in
certain
circumstances
- boys schools
can advertise
for ‘boys only’
14. Anti-discrimination — Anti-Discrimination List of VCAT
It is unlawful to discriminate on a number of grounds including
age, impairment, etc.
Discrimination is unlawful in areas of
employment, education, accommodation, goods
and services, clubs and associations, sport and
local government — with some exceptions
Exemptions in Disputes first go to the Victorian Equal
certain Opportunity and Human Rights
circumstances Commission to attempt resolution
- boys schools through conciliation
can advertise
for ‘boys only’
15. Anti-discrimination — Anti-Discrimination List of VCAT
It is unlawful to discriminate on a number of grounds including
age, impairment, etc.
Discrimination is unlawful in areas of
employment, education, accommodation, goods
and services, clubs and associations, sport and
local government — with some exceptions
Exemptions in Disputes first go to the Victorian Equal
certain Opportunity and Human Rights
circumstances Commission to attempt resolution
- boys schools through conciliation
can advertise
for ‘boys only’
Appeals to the Supreme Court (Court of Appeal if
president or vice-president presided)
16. Residential tenancy — Residential Tenancies List of VCAT
Examples of types of disputes, tenant claiming return of bond money by land
lord, Tenants owing rent
17. Residential tenancy — Residential Tenancies List of VCAT
Disputes between landlords, tenants,
rooming-house owners and residents,
caravan park owners, caravan owners
and residents
Examples of types of disputes, tenant claiming return of bond money by land
lord, Tenants owing rent
18. Residential tenancy — Residential Tenancies List of VCAT
Disputes between landlords, tenants,
rooming-house owners and residents,
Jurisdiction up to $10 000 caravan park owners, caravan owners
and residents
Examples of types of disputes, tenant claiming return of bond money by land
lord, Tenants owing rent
19. Residential tenancy — Residential Tenancies List of VCAT
Disputes between landlords, tenants,
rooming-house owners and residents,
Jurisdiction up to $10 000 caravan park owners, caravan owners
and residents
Examples of types of disputes, tenant claiming return of bond money by land
lord, Tenants owing rent
cost of application $34.20
20. Residential tenancy — Residential Tenancies List of VCAT
Disputes between landlords, tenants,
rooming-house owners and residents,
Jurisdiction up to $10 000 caravan park owners, caravan owners
and residents
Examples of types of disputes, tenant claiming return of bond money by land
lord, Tenants owing rent
cost of application $34.20
Appeals to the Supreme Court (Court of Appeal if president or vice-
president presided)
21. Small Claims (Civil Claim List)
To resolve disputes between consumer
and traders that have arisen out of a
contract for the supply of goods and
services
Small claims are those up to
$10,000. E.g faulty or damaged
The Civil Claims List resolved 61% of
goods or services.
cases in 10 weeks and 81% within 14
weeks
Claims under the Motor Trading Act, relating to the purchase of a
motor vehicle, where there has been some misrepresentation or
unfair tactics. E.g False odometer readings.
22. Appeals
Appeals against VCAT can only
proceed on a question of law
If the President or Vice-President of VCAT
were sitting, the appeal would go to the Court
of Appeal.
Appeals on decisions made by other tribunal
members will proceed to the trial division of the
Supreme Court.
23. Strengths of Tribunals
Each VCAT list operates within it own specialised
jurisdiction, resulting in VCAT personnel developing
expertise in that area.
cheaper than courts due to low
quicker resolution of disputes
application fees, and parties
parties are
informal atmosphere — due to
encouraged to use
absence of rules of evidence and
ADR to reach a
procedure claims
decision
themselves, and if
not achieved, a
binding decision can
the decision is binding
be made by an
arbitrator
24. Weaknesses of Tribunals
Some costs of VCAT have escalated
due to increased use of legal
representation - Think of Deb’s
Example
Too informal
Avenues for appeal are limited
not appropriate to settle large civil disputes
