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LEGAL STUDIES UNIT 4
AOS 1 – Booklet 1.2
* The role of VCAT (Victorian Civil and Administrative Tribunal)
* Dispute resolution methods used by courts and VCAT including
mediation, conciliation, arbitration and judicial determination.
Read JO pages 288-310.
What is the Victorian Civil and Administrative Tribunal?
The Victorian Civil and Administrative Tribunal is a one-stop shop dealing with a
range of civil disputes. It is made up of three divisions: Civil Division, Human
Rights Division and Administrative Division.
Read page 292. What types of disputes does VCAT hear? KNOW THIS – IT IS EXAMINABLE!
What are some of the strengths of VCAT?
Explain some of the benefits of using a tribunal such as VCAT.
At VCAT, cases are distributed into lists, which are sections that deal with particular types of cases.
Give an example of each division and a list in that division of VCAT.
The role of VCAT
VCAT exists as an avenue of dispute resolution that is easily accessible to the people in the
community using formal processes that are easy to understand. The decisions of the tribunal
are binding on the parties and can be enforced through the courts.
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There are four main aims of VCAT:
1. VCAT is low cost
Explain.
KEY POINT: Costs are reduced in two ways: pay a small amount to file a claim and
parties are able to represent themselves.
2.VCAT offers timely resolution of disputes
Explain.
KEY POINT: a matter before VCAT can be heard in a shorter time than taking a
matter to court.
3. VCAT hearings are accessible and informal
Explain.
KEY POINT: Informal because the tribunal is not bound by rules of evidence and
procedure used in courts.
Accessible because VCAT uses processes such as an SMS reminder to ensure people
know the date of their hearing.
4. VCAT is staffed by expert bodies
Explain.
KEY POINT: VCAT staff are experienced in dealing with specific laws and
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disputes in a particular area: eg: Anti discrimination law.
Jurisdictions of VCAT
Explain the original jurisdiction of VCAT.
Explain the review jurisdiction of VCAT.
What types of orders can VCAT make?
Can appeals from a decision made by the tribunal be made? On what basis? Explain, referring to the
case study ‘Appeal from VCAT on point of law’ (pg 293) in your answer.
Explain the advantages of having a ‘one stop shop’ tribunal such as VCAT, compared with having many
different tribunals.
Suggest why VCAT has grown in importance in the Victorian legal system.
YOU SHOULD KNOW THE OPERATION OF ONE LIST AS AN EXAMPLE.
The Anti-Discrimination List is the list that you should know. Specifically, you should know Stern v.
Depilation & Skincare Pty Ltd (2009) VCAT 2725 (2009).
Read pages 294-297 and answer question 4 a-h.
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If you were to summarise this learning… what are the most important
points/new knowledge for you?
Dispute resolution methods
As you know, there are a few major ways that someone can resolve a civil dispute: the adversarial court
system (two parties fighting it out) or through tribunals such as VCAT. There are other ways to fix a civil
dispute. These dispute resolution methods are (sometimes called alternative dispute resolution methods
ADR) mediation, conciliation, arbitration and judicial interpretation.
You need to be able to explain each of these methods and be able to discuss the strengths and
weaknesses of each method.
Explain how most criminal cases resolve disputes and the outcome of these processes.
What is Alternative Dispute Resolution?
Mediation
What is mediation?
Explain the mediators role in a mediation.
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Briefly describe the processes used in reaching an agreement through mediation. Draw these in a flow
chart.
Choose three types of disputes that are not suitable for mediation and explain why you think this would
be the case.
Explain how court cases uses mediation. In your answer, explain WHY courts use mediation and give
an example of a specific mediation program.
Does VCAT recommend mediation? Explain how and in what cases VCAT uses mediation.
Draw a flow chart or mind map that summarises mediation. (see pg 306 for an example).
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Conciliation
What is conciliation? Is conciliation legally binding?
Explain how conciliation differs from mediation.
Briefly describe the processes used in reaching an agreement through conciliation. Draw this in a mind
map.
Does VCAT recommend mediation? Explain how and in what cases VCAT uses mediation.
Draw a flow chart or mind map that summarises conciliation.
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Arbitration
What is arbitration? Is arbitration legally binding?
Explain how conciliation differs from mediation and conciliation.
Briefly describe the processes used in reaching an agreement through arbitration. Draw this in a mind
map.
Explain how the courts use arbitration.
Draw a flow chart or mind map that summarises conciliation.
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Judicial determination
Judicial determination is presumed to mean a dispute resolution process whereby parties to a
legal dispute present evidence and submit arguments to a judicial officer (includes a judge
Magistrate or VCAT member) who then makes a binding determination about the outcome of the
case.
What is judicial determination? KNOW THE DEFINITION!
Are decisions made by VCAT considered to be judicial determination. Justify your answer.
Briefly describe the processes used by the courts in reaching an agreement through judicial
determination. Draw this in a mind map.
Draw a flow chart or mind map that summarises judicial determination.
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How does arbitration differ from a formal court hearing?
Distinguish between judicial determination and alternative methods of dispute resolution.
The system of courts and VCAT provide a range of dispute resolution methods
that enhance access for all to justice. Do you agree? Using examples that you
have studied/read to justify your view.
Plan your answer.
Contention:
Argument 1:
Argument 2:
Argument 3:
Conclusion:
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A writer in a legal journal said: ‘The court hierarchy provides a court at each
level with particular expertise and skill. All legal disputes should be resolved
in the courts. Other methods of dispute resolution or VCAT have nothing to
offer’.
a. Explain the jurisdiction of two courts in the Victorian court hierarchy
and suggest two reasons for the existence of a court hierarchy.
b. Outline the methods of dispute resolution and the role of VCAT.
c. Giving reasons, indicate the extent to which you agree or disagree
with the statement above.
Question a:
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Question b:
Question c:
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Quick quiz
1. Can you justify the reasons for the existence of a court hierarchy?
2. Describe the original and appellate jurisdictions of specific courts in the Victorian court
hierarchy?
3. Describe the role of VCAT?
4. Explain reasons for the existence of tribunals?
5. Explain the alternative dispute resolution methods:
Mediation?
Conciliation?
Arbitration?
Before we
continue! Do you
know these
questions??
Judicial determination?
6. Explain the similarities and differences between each of these methods?
7. Guess the next booklet…. What will we learn? ………………………………….