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7.11
U3AOS2 - The Courts
| Question | Answer |
|---|---|
| Purpose of Consumer Affairs Victoria (CAV) | To provide free dispute resolution services for consumers and traders, and tenants and landlords |
| Purpose of Victorian Civil and Administrative Tribunal (VCAT) | To provide low-cost, accessible, efficient, and independent tribunal services for civil disputes |
| Purpose of Courts in civil disputes | To determine legal disputes and award a binding and enforceable remedy |
| Appropriateness of Courts depends on | Jurisdiction and whether other/better ways to resolve the dispute exist |
| Unlimited civil jurisdiction courts | County Court and Supreme Court of Victoria |
| Jurisdictional limit of Magistrates' Court | $100,000 |
| When plaintiff must issue claim in County/Supreme Court | When seeking more than $100,000 in damages |
| What plaintiff can do to stay in Magistrates' Court | Abandon part of their claim to bring it under $100,000 |
| VCAT exclusive jurisdiction areas | Domestic building, retail tenancies, residential tenancies, planning |
| Consequence of VCAT's exclusive jurisdiction | Courts cannot hear those specific disputes |
| Factors to consider when assessing better alternatives to court | Costs, risks, time, formality, and access to legal representation |
| Better alternatives for low-cost resolution | CAV, VCAT, or private methods like mediation |
| Risk of going to court | Third-party decision, adverse cost order |
| Why legal representation matters | Pre-trial procedures and trial are complex |
| Concerns about courtroom formality | May intimidate or disadvantage some parties |
| Type of claims better suited to Supreme Court | Large, complex matters or class actions |
| Type of claims better suited to Magistrates' Court | Smaller, straightforward civil disputes |
| When speed is important | CAV, VCAT or mediation preferred due to faster resolution |
| Why court may be inappropriate for sensitive disputes | Public nature of hearings, media presence |
| Strength of courts – pre-trial procedures | Allow chance to settle out of court |
| Strength of courts – mediation | Can be ordered to save time, cost, stress |
| Strength of courts – procedural fairness | Ensured by judicial oversight, directions and discovery |
| Strength of courts – clear communication | Pleadings and directions hearings allow interaction and clarification |
| Strength of courts – binding decision | Final, enforceable outcome with legal certainty |
| Weakness of courts – delays | Often long waiting times due to court backlog |
| Weakness of courts – pre-trial time | Procedures like discovery and pleadings are lengthy |
| Weakness of courts – cost | High legal fees, especially for solicitors and barristers |
| Weakness of courts – complexity | Legal procedures hard to follow without lawyer |
| Weakness of courts – formality | Can be stressful and inaccessible |
| Weakness of courts – party control | Burden on parties to gather and present evidence |
| Weakness of courts – winner/loser outcome | No compromise, can strain relationships |
Created by:
nandistudies
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