institutions used to resolve disputes

Who is Consumers Affairs?

• consumer affairs Victoria is a victorian government body that regulates consumer affairs and offers free and accessible dispute resolution

purpose of consumer affairs

CAV aims to

• provide an efficient dispute resolution service for consumer disputes

• improve access to dispute resolution services for consumer disputes

• help victorians be responsible and informed businesses and consumers

purpose of cav - provide efficient dispute resolution service for consumer disputes

CAV uses conciliation as a dispute resolution method

• conciliation is a non-judical dispute resolution method where a third party helps the parties reach a mutually acceptable outcome

• conciliator is an expert on the subject and will facilaite and offer suggestions

• outcome is not automatically legally binding, but can enter a contract known as deed of settlement

purpose of CAV - improve access to dispute resolution services for consumser disputes

• CAVs conciliation service is fre

• this is less formal than the courts, and does not have strict rules of evidence and procedure

• CAVs website publishes a large amount of resources to assist consumers

• CAV will often contact the landlord/business on behalf of the tenant/consumer

• in some circumstances, CAV can also initiate legal proceedings on behalf on consumers

purpose of CAV - to help vics be responsible and informed businesses and consumers

• cav provide free, easily accessible information to the public on a range of consumer issues,

  • renting and buying property

  • obtaining refunds for faulty goods

  • online scams

• information is provided on their website, YouTube channel, over the phone and by post

• CAV also gives advice to the Victorian government about consumer legislation

criteria of appropriateness for CAV

• In order for a dispute to be appropriate for CAV’s dispute resolution service

1. it must be a consumer dispute

2. it must be likely to settle in conciliation

3. the person complaining must have already attempted to resolve the dispute (but the dispute has not already been decided in VCAT or the courts)

4. the dispute must otherwise be of a suitable nature for CAV

• CAV will only conciliate disputes where a complaint is made by a consumer or a tenant.

  • housing

  • products and services

  • cars

  • licensing and registration

  • clubs and fundraising

  • resources and tools

When is CAV not appropriate

• anything criminal

• employment related disputes

• claims of discrimination

• family law

• class actions

appropriateness of CAV - likely to settle in conciliation

• CAV do not have unlimited resources, therefore will only offer their services where the parties are likely to settle in conciliation

• decided case by cases, they may look at

  • views of parties

  • has either party stated they have no intention of negotiating

  • does either party want a third party to make the decision for the

  • prior attempts at negotiation may indicate this

appropriateness - person complaining must have already attempted to resolve dispute

• CAV do not have unlimited resources and therefore will only offer their services where the person is complaining has made some effort to resolve the dispute prior to making their complaint

• this does not include using VCAT or the other courts - if the matter has already been decided elsewhere, then CAV will not conciliate the dispute.

when is CAV appriporate

• small consumer claims. if a claim is complex or lager it may be better suited for the court system

• parties want a free service or concerned about time

• parties don’t want the formality of courts

cav may not be appropirate when

• parties want a third party deciding the outcome

• parties want decision maker to follow doctorine of precedent (only occurs in courts)

• parties want a formal dispute resolution

how does cav uphold access and not uphold access

does

• service is free

• conciliation is informal (no rules of evidence/procedure)

does not

• CAV has a very limited jurisdiction

• CAV has no power to compel parties to take part in conciliation

how does CAV uphold fairness and not uphold fairness

does

• both sides present their side of events in an informal environment

• parties must agree on the outcome

• timely resolution

does not

• CAV has no power to enforce decisions

how does CAV enhance equality and how it doesn’t

does

• all disputes accessed individually

• conciliation service is free

doesn’t

• not all cases are accepted

What is VCAT?

• Victorian civil and administrative tribunal

• VCAT is a tribunal established by the Victorian Parliament to hear a range of civil and administrative cases.

• They offer a range of dispute resolution services that are designed to be less formal, lower cost and more efficient than courts.

third party of VCAT

• members

• members may be judges, lawyers or experts in a particular field

purposes of VCAT

• provide a low-cost, accessible dispute resolution service

• provide a fiar and efficient alternative to court for certain types of disputes

purpose of VCAT - provide a low cost, accessible dispute resolution service

• low cost

  • VCAT has lower filing fees than court. Some have no filing fees while others have a tiered fee structure (meaning corporations pay the most, then small business, then individuals, then people on government benefits.

  • Parties are encouraged to represent themselves rather than legal representation. In many lists, permission musty be given by VCAT in order to have legal rep

• accessible

  • VCAT is physically accessible as there are many venues across Victoria. VCAT offer telephone or video conferencing and most documents can be lodged online

  • hearins are less formal and don’t follow strict rules of evidence and procedure.

purpose of VCAT - provide fair and efficient alternation to court for certain types of disputes

• efficient

  • VCAT does not use pre-trial procedures. Disputes at VCAT are generally resolved quicker than through the court system

• fair

  • VCAT offers a range of dispute resolution methods to ensure disputes are resolved efficinetly and fairly

• alternative to court

  • VCAT is an alternative body to courts, if a dispute is filed with VCAT it will not be head in court and will not later go to court

dispute resolution services offered at VCAT - final hearing

• most matters are resolved at a hearing

• a VCAT member will listen to each party explain their case and provide evidence. Occurs much less formality than the courts

• VCAT member makes a legally binding decision, may include requiring a party to pay more money, perform work. etc.

• VCAT cannot compel parties to attend a final hearing, but can make a decision in the absence of a party

• difficult to appeal decision and can only be made on questions of law, heard in supreme court

dispute resolution service offered at VCAT - fast track meditation and hearing

• used for disputes about goods and services that are worth less than $10,000. Parties will attend a mediation in the morning, if not resolved will attend a hearing on a date in the immediate future.

• large or more complex cases may be refered to c ompulsort conference or mediation in hopes of parties agreeing to an outcome prior to final hearing.

appropirateness of VCAT

• must be within of VCAT’s jurisdiction

• dispute must otherwise be of a suitable nature for VCAT

VCAT jurisdiction

• hears a wide range of civil and administrative disputes

  • cosumer disputes

  • tenancy disputes

  • review of government/council decisions

  • disputes surrounding sexual harassment, or racial/religious vilification

  • professional conduct inquires

dispute must be a suitable nature of VCAT - Where VCAT is appropaireate

Where VCAT is appropaireate

• VCAT has exclusive jurisdiction over some matters, meaning it can only be heard in VCAT and cannot be heard by courts

• VCAT is appropirate for relatively small civil clamins. There is no cap on the value, if a case is complex or large it may be better suited for the courts

• where parrties want a low-cost service or are concerned about time

• parties do not want to use legal representation

• parties are concerned about the formality

dispute must be a suitable nature of VCAT - where VCAT is not appropirate

where VCAT is not appropirate

• multiple plaintiffs then it must be heard in the supreme court

• parties want a free dispute reslotuion insitution better to use CAV. VCAT is low cost not free

• parties don’t want a thrid party deciding the outcome. ONly occurs in the final hearing, parties have opporunity to engage in mediation or compulsory conference first.

• parties want to be able to appeal the decision

matters outside VCATs jurisdiction

• class actions

• employee-employer disputes

• disputes between neighbours

• despites between drivers in car accidents

• disputes where parties live in different states

• disputes in which commonwealth is a party or constituational law

when are courts appropirate

• if parties are unable to resolve dispute themselves

• legally binding outcome

• matter is large or comples

• want formality of the courts

• want their day in court

• class action

• want to rely on precedent

when are courts not appropirate

• the parties are able to resolve the dipsute through deciding an outcome - saves time, cost, stress, inconvicence

• parties want an outcome that can be changed

• matter is a small civil claim

• want a less formal environment

• want confidentialty.