We recently advised a client about VCAT (vcat.vic.gov.au). VCAT’s purpose has been to provide Victorians with a low cost, accessible, efficient and independent tribunal delivering high quality dispute resolution. It tries to do this via a variety of means including mediation, conference and hearing, some of where clients may represent themselves without a lawyer. Here is a short note to help you if you are fronting VCAT: The Hearing is a very limited time for you to be telling your story and putting any documents or expert evidence you have to the Member (the decision-maker). At VCAT, different Members will have different approaches about how to resolve the dispute. Be prepared that the Member may ask you to negotiate a settlement with the other side. The Member may decide that an agreement between the parties will be best in your case. If you have already done this before, and the other side hasn’t responded, you should tell the Member this – that you have tried to negotiate, that this has failed, and that you are now here for the Member to make a decision. 1. Often VCAT will only have a limited time to hear your case – so be concise. Write down what you want to say beforehand. 2. Remember the Member will not know the facts like you do. You need to clearly explain the key points to the Member and draw the Member’s attention to any evidence you have to support your claim. 3. It is useful to have written reasons from the Tribunal for why in made its decision. You need to request the Tribunal to provide these at or before the time the Tribunal gives notification of its decision * We recommend that you get a lawyer to check your submission and explain the process. To be forewarned is to be forearmed.
Posted on: Sat, 07 Sep 2013 09:35:51 +0000
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