7.9 Consumer Affairs Victoria (CAV)

purposes of CAV in resolving civil disputes

• to help people come to an agreement about how to resolve their disputes efficently without any cost to them

• to try to help the parties reach a resolution that is consistent with the law

dispute resolution methods used at CAV

• primarily resolved over the phone

• can also provide in-person conciliation

CAV’s limitation

limited to assisting people in relation to disputes that are within its jurisdiction

types of disputes heard by CAV

• disputes between purchasers and suppliers, or consumers and suppliers, about the supply or possible supply of goods and services

• disputes between a tenant and landlord

examples of disputes heard by CAV

• disputes about faulty or damaged product or not fit for its purpose or cannot be repaired

• disputes about a service that is not completed with care and skill, took too long, caused damage or is not fit for its purpose

• disputes about buying cars, such as in relation to warranties, the price charges, or condition of the car

• dispoutes about rental agreemetns, rent, signing or ending a lease, or rental application

• disputes about repairs

factors to consider when determining whether CAV is appropriate or willing to resolve the dispute includes:

• whether the dispute is within CAV’s jurisdiction

• whether the consumer or tenant has tried to resolve the dispute themselves first

• whether the complaint justifies or needs CAV’s intervention

• whether there has been a breacj of legislation or a failure to comply with legal obligations by the landlord or business

• whether the issue has already been dealth with by CAV, courts of VCAT

• whether the dispute is likely to be resolved

Strengths of CAV

• Service is free and accessible to all Victorians

• Conciliation provess is informal, can be conducted over the phone which removes many anxieties people have with the formalities of a courtroom

• ensures procedural fairness by allowing both sides the oppourtunity to present their side of the story and challenge the other side’s case

• assess disputes individually, case by case, reducing waste of time and resources on disputes that are clearly unlikely to be resolved through conciliation

Weaknesses of CAV

• assistance is limited mainly to consumer and CAV disputes- has no power to assist with many other types of civil disputes

• has no power to compel parties to undergo conciliation, both parties must be willing to participate

• has no power to enforce any decisions reached by the parties in conciliation unless parties have entered into a binding agreement prior

• not all cases are accepted by CAV and its conciliation services are limited due to CAV’s criteria and its prioritisation of cases

• not appropriate for large and complex disagreements, including those with difficult legal questions or several different parties, which can only be resolved by a court or tribunal that has greater expertise in the law