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TRIBUNALS

TRIBUNALS. Chapter 6 Adjudication bodies. Reasons for Tribunal. Low cost of proceeding eg filing fee $34.20, parties can also represent themselves Less delay in hearing matters eg Residential tenancies List only wait 3 weeks

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TRIBUNALS

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  1. TRIBUNALS Chapter 6 Adjudication bodies

  2. Reasons for Tribunal • Low cost of proceeding eg filing fee $34.20, parties can also represent themselves • Less delay in hearing matters eg Residential tenancies List only wait 3 weeks • Informal atmosphere – not bound by rules of evidence and procedure – telephone and video conferences – or internet • Parties encouraged to reach agreement themselves • Less emphasis on the adversary process • The decision of tribunal is binding

  3. Disadvantages • Too informal – informal atmosphere may feel influenced in accepting the decision • Court more suitable if animosity between the parties • Lack of confidence – prefer legal representative to present their arguments • Escalating costs – matter may need to go to appeal

  4. VITORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL VCAT • Commences operation 1 July 1998 • Victorian Civil and Administrative Tribunal Act 1998 (Vic) • Address the problem of too many tribunals – by combining them to form VCAT operating under a number of lists • There are three divisions: Administrative Division Civil Division Human Rights Division

  5. Function • The tribunal was established as an avenue of dispute resolution that is easily accessible to people in the community, using informal processes that are easy to understand. • Provides low cost proceedings • Timely resolution • Experts in fields of law • Binding decisions

  6. DISPUTE RESOLUTION • Formal rules of evidence and procedure do not apply • (can still examine , cross examine and re examine witnesses) • Some conferences conducted using telephone video links etc • Can also conduct proceedings solely by documents • Can be resolved by mediation, compulsory conference or a hearing

  7. Mediation • The preferred form of ADR at VCAT is mediation, although other methods of ADR are used too. • Gives parties opportunity to explore the reasons for their dispute • 60% to 70% of dispute at VCAT resolved through mediation • If settlement reached the mediator notifies VCAT to make necessary orders

  8. Compulsory Conference • Tribunal or principal registrar may require parties to attend or more pre hearing conferences/ directions hearings • Identify and clarify the nature of the issues in dispute • Promote a settlement • Identify the questions of fact and law to be decided by the tribunal • Allow directions to be given concerning the conduct of the proceedings

  9. Hearing • Parties are given the opportunity to present evidence, question witnesses and making submissions • Decision legally binding • Questions of law referred to Trial division of the Supreme Court or the Court of Appeal • No legal rep – may be used for matter over $10000 • Claims less that $10000 cost 34.20

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