|
A key VCAT objective is to provide low-cost, efficient and fair dispute resolution to the Victorian community. A great number of people who appear in hearings before the tribunal are self represented and have not had the assistance of a lawyer in preparing their case.
The president, Justice Kevin Bell, believes all Victorians should be able to fully access the tribunal irrespective of whether they have a lawyer. VCAT’s website provides information to the general public, which includes practice notes, guides, forms and legislation. The VCAT website also has information on workshops and training offered by VCAT and by community legal centres.
The president is keen to hear your views about how well VCAT assists self represented persons and any ideas you may have on how VCAT could enhance the support it provides to people seeking to access the tribunal.
Here are some questions you might like to consider:
- Did you find it easy to get all the information required to prepare for your hearing?
- Was the level of customer service acceptable?Was the level of customer service acceptable?
- Does VCAT give enough assistance to self represented litigants?
- Was the level of customer service acceptable?Is VCAT too legalist?
- Is VCAT too legalist?Is VCAT doing enough to ensure that the community is aware of what it does and how they can make a claim?
|
|
Last Updated on Tuesday, 26 May 2009 23:04 |
When I represented myself opposing a planning matter, the developer threatened me, by ringing me up at home, and in writing. I brought the threatening letter along to the hearing, and asked the Member how VCAT deals with threats to objectors, and if if some arrangement could be made so that I wouldn't have to be in the same room with someone who was threatening me. The Member said that threats were a matter for the Magistrate's court, not VCAT, so I should have thought of that earlier, and I had to either go ahead that day or abandon my objection. I went ahead, and the Member was cross with me for crying, and ruled in favour of the developers.
We are about to go into a hearing of great importance to us without formal representation. The reason for doing without legal support is obviously the cost of barristers. This cost seems prohibitive to us and so far has put us under great pressure in our negotiations with the Government department. We will spend a number of months preparing and feel confident that should VCAT give us a reasonable hearing then the Tribunal will get all information it needs to give suitable orders. We would be happy to hear from others who have tried this path.
Non Legal Members should not sit without a legal Member when Q.C's too often hijack cases with legal arguments beyond the Members comprehension. Objectors should be afforded right of reply following applicants presentation. Separation distances should be mandatory accomodated within the applicants property. VCAT accepts computer modeling as gospel yet it ignors facts of negative impacts presented to it by those living near existing broiler industry.
My experience with VCAT longed for 5years as an objector to a broiler farm application.I've experience all the twists and turns and the illusionary justice founded by non legal Members who are mostly happy to display agression,arogance & pompass attitudes at objectors. VCAT is over legalistic & not cost effective.Broiler farming is an industry. Should be accepted by VCAT as such if Vcat is serious about justice.
People representing themselves must often accentuate the imbalance between the adversaries' education, experience, intelligence, confidence and ability to think on their feet and to articulate . Representation by lawyers is supposed to ensure that adversaries face each other on a level playing field. I think in most cases, that is achieved.