Dispute Resolution Methods
Who makes the final decision in conciliation?
Who makes the final decision in conciliation?The parties make the final decision voluntarily, either on advice of the third party or not.
What does VCAT stand for?
The Victorian Civil and Administrative Tribunal.
How many people make up a civil jury?
For most cases, there are a total of 6 persons.
What is the principle of access?
All people should be able to engage with the justice system and its processes on an informed basis.
What is a civil remedy?
An order made by a court designed to address a civil wrong or breach.
Which method is used most often by VCAT?
Which method is used most often by VCAT?Mediation is the main form of dispute resolution used, including fast-tracked mediation.
What is the dispute resolution method used by CAV?
The method used to help parties resolve disputes is conciliation.
What is the role of the civil jury?
To determine a verdict of liable (legally responsible) or not liable, on the balance of probabilities.
Who can be classified as a First Nations person?
A person who identifies as Aboriginal or Torres Strait Islander.
What is the general purpose of remedies?
To restore the plaintiff, as far as possible, back to the original position they were in before the wrong occurred.
What is the role of the arbitrator?
The third party is to listen to the evidence and arguments of the parties, then make a binding decision.
What is a role of VCAT?
To provide Victorians with a fair, low-cost, informal, accessible and independent tribunal delivering an efficient and timely resolution of civil disputes
What is specialisation as a reason for the Victorian civil court hierarchy?
Each court has specifc areas of expertise and experience for different types of civil disputes to ensure consistency and fairness. For example, class actions are heard in the Supreme Court (Trial Division).
What is socio-economic status?
The position of a given individual, or group of individuals, within the larger society, usually associated with material factors such as income, consumption, wealth, education and employment.
What are general damages?
A sum of money paid by the defendant to the plaintiff to compensate for losses that are not easily calculated or quantifiable, like pain and suffering.
What is a similarity between conciliation and mediation?
Both of these methods are informal in nature, meaning there are no strict rules of evidence and legal representation is not generally required.
What is the jurisdiction of CAV?
The types of cases it hears is limited to assisting in the settlement of disputes between consumers and traders or landlords and tenants. Sellers can’t initiate action.
What is the appellate jurisdiction of the Victorian Supreme Court (Trial Division)?
Hears appeals from the Victorian Magistrates' Court and VCAT on point of law only.
How does the civil justice system achieve fairness or equality?
The magistrate/judge/justice presiding over the case must be impartial and unbiased, basing their decision solely on the facts presented in the case, rather than prejudices or characteristics of parties.
How long can an injunction apply for?
Injunctions can apply for a temporary period (known as an interlocutory injunction), meaning they will expire after a set date if not renewed. Otherwise, a final injunction may be ordered at a final hearing/trial which applies indefinitely.
When is arbitration an appropriate method of dispute resolution?
When the plaintiff is seeking less than $10,000 in claims and has filed in the Victorian Magistrates’ Court.
When is VCAT binding?
If parties settle at a mediation, a compulsory conference or at any time before a hearing, they can ask for a Consent Order. Otherwise, a VCAT member will make a written order at the final hearing.
How is the civil jury limited in upholding the principle of equality?
Certain members of the community are ineligible or disqualified from jury service based on their characteristics (including language, disability), which limits the jury from truly representing a cross‐section of the community.
What barriers may First Nations people face in the civil justice system?
Many First Nations people live in extremely remote areas, affecting their ability to access the courts and legal facilities. In rural areas, there is typically a lower number of legal practitioners offering legal aid, which reduces both plaintiffs’ and defendants' access to legal resources, information and justice.
What is the purpose of a mandatory injunction?
To rectify the situation cause by the defendant by forcing them to undertake an action.