The Victorian Civil and Administrative Tribunal and the court are both independent dispute settling bodies presided over by a legally trained experts in the law. Tribunals provide a cheaper and less formal method of dispute resolution for civil disputes, whereas process used in courts are formal and hearings follow strict rules of evidence and procedure.
The operation of courts in dispute resolution means that courts can adjudicate on a range of disputes and cases, whether criminal or civil, minor or major. The courts have a doctrine of precedent that applies in the court, which brings a sense of predictability, certainty and consistency to the way in which disputes are resolved. The use of legal representation ensures both parties are on equal footing, as they both have expert representation who understand the legal system as their advocates in court. The court treats both parties fairly and equally by enforcing the strict rules of evidence and procedures in the courtroom. Courts that resolve civil disputes gives parties opportunities to appeal to higher courts if they can establish ground of appeal if they are dissatisfied with the decision made for their case.
The Victorian Civil and Administrative Tribunal system has a low cost of resolving disputes unlike the courts. VCAT is a faster dispute resolution method as parties avoid the delays associated with going to court. VCAT operates within its own specialised jurisdiction. Resulting in the tribunal personal developing expertise in resolving disputes in that particular area. The decisions of VCAT are binding and are legally enforceable on the parties.
Although the courts can adjudicate on a range of disputes and cases, the courts are a very time consuming method of dispute resolution. Their delays are very common and the high courts are usually involved with the court proceedings, partly due to the need of