Revision: Purpose of institutions to resolve disputes

Which of the following is the main purpose of Consumer Affairs Victoria (CAV)?

• To help ensure that Australians are informed about laws, and to ensure that businesses are complying with those laws.

• To help ensure that Victorians are informed about consumer laws, and to ensure that businesses are complying with those laws.

• To help ensure that Victorians are informed about civil laws, and to ensure that everyone is complying with those laws.

• To help ensure that Victorians are informed about consumer laws, and to ensure that individuals are complying with those laws.

Classify the following as strengths and weaknesses of CAV:

Groups:

(a) Strengths

,

(b) Weaknesses

• CAV's conciliation service is free.

• CAV allows both sides equal opportunity to present their case.

• CAV has no power to enforce decisions made by parties.

• CAV has no power to compel parties to undergo conciliation.

• The conciliation processes is informal.

• CAV assistance is limited to consumer disputes.

Which of the following is within the jurisdiction of Consumer Affairs Victoria (CAV)?

Choose all that apply. 

• • 
    

    Disputes about rental agreements, rent, signing or ending a lease, or rental applications

• • 
    

    Disputes about rental repairs

• • 
    

    Disputes between the strata management and renters for rental properties

• • 
    

    Disputes about a product that is faulty, damaged, not fit for purpose or cannot be repaired

What is the main dispute resolution method used at Consumer Affairs Victoria (CAV)?

• Mediation

• Judicial Determination

• Conciliation

• Arbitration

Read the following case study and decide if Consumer Affairs Victoria (CAV) is the appropriate body to resolve this matter. 

Michael bought a car for his daughter from a second-hand car dealer. The car drove well when he took it for a test drive, and he was told by the car dealer that it had only been driven by ‘one lady owner’. He was shown paperwork to attest that there had only been a single owner of the vehicle. Michael paid $9,000 cash for the car and took it home. Within 5 days, his daughter was driving the car home from her part time job and it started to smoke and would not accelerate. When Michael took the car to his local mechanic he was told that the car had been in a significant accident and that the motor would need to be replaced.

• Yes

• No

Tribunals are dispute resolution bodies that deal with a ​ (a)   area of law, and have ​ (b)   in that area. The process of dispute resolution is less ​ (c)   than the courts, and is intended to be a ​ (d)   and more ​ (e)   way of resolving disputes.

• limited
• expertise
• formal
• cheaper
• efficient

VCAT has a number of purposes. Classify each of the following according to VCAT's purpose by dragging the options below into the correct column.

Groups:

(a) Low Cost

,

(b) Accessible

,

(c) Efficient

,

(d) Independent

• VCAT members act as unbiased adjudicators

• Parties only pay a small amount for filing their claim

• VCAT has three tiers of fees; corporate, standard and health care card holders

• VCAT constantly aims to reduce waiting times

• VCAT conducts hearings in various locations in Victoria

• VCAT hearings are less formal than court hearings

• VCAT generally does not use pre-trial procedures

• There are no hearing fees for many claims

• VCAT members are independent

• VCAT allows people to make applications online

Identify the types of disputes that VCAT cannot hear. Choose all that apply. 

• Disputes between employers and employees

• Disputes between drivers in car accidents

• Reviews of decisions made by councils or other authorities

• Class actions

Read the following scenario and determine whether it is appropriate for VCAT to hear this case or not.

Juan wants to sue the Commonwealth for failing to uphold his right to practice his religion. 

• Yes, it is appropriate for VCAT to hear this case

• No, it is not appropriate for VCAT to hear this case

Identify the matters that the courts cannot hear, as VCAT has exclusive jurisdiction over some matters. Choose all that apply. 

• • 
    

    Domestic building disputes

• Planning disputes

• Residential tenancy disputes

• Small claims disputes