Question 1 (8 marks)

Read the following case study and answer the questions below.
In November 2013 the Chief Magistrate Peter Lauritsen announced that Melbourne Magistrates' Court
would sit on Saturdays and Sundays. The court will primarily hear applications for bail or remand on
the weekend sittings.
a. Outline the jurisdiction of the Magistrates Court other than hearing applications for bail.
4 marks
In some circumstances a Police Sergeant or the officer in charge of a police station may grant bail
to a person held in custody, otherwise the person held in custody must be brought before a Court
(or a Bail Justice if outside court sitting hours) to determine whether bail should be granted or
refused.
The court will refuse bail if there is an unacceptable risk that the person charged will not be appear
on the specified day at court, or when it is thought that the person may commit other offences whilst
on bail, endanger the public, interfere with witnesses or otherwise obstruct the course of justice.
Conditions of bail may include: Surety, Deposit, Special conditions and custody.

b. Outline the original jurisdiction of the County Court.

2 marks

The Court's civil jurisdiction also covers actions where jurisdiction is specifically conferred on the
County Court by statute
c. Outline the original jurisdiction of the Supreme Court of Victoria.

2 marks

The Supreme Court hears among the most serious criminal, and complex civil, cases in the state,
as well as some appeals from Victorian courts and tribunals. As the Supreme Court is the highest
court in Victoria only the High Court of Australia can review its decisions.
The Supreme Court has two divisions the Trial Division and the Court of Appeal. For a current list
of our judiciary see our Judicial Organisational Chart.

Question 4 (10 marks)

Arbitration is one of a number of methods used to resolve civil disputes. It has the following features:

Arbitration involves a third party who is independent and unbiased, listening to both sides and
making a determination that is binding on the parties. This is normally called an arbitration award.

It is normally conducted privately. It is not open to the public.

Depending on the case, arbitration can be quicker and less costly than judicial determination as it
often involves a limited amount of evidence.

Arbitration is more formal than mediation and conciliation. It normally involves the submission of
evidence.

It is used by the Magistrates Court for matters below $10 000.

Source: 2013 Legal Studies Assessment Report, Victorian Curriculum and Assessment Authority

a. Define the term judicial determination and explain how it is different from arbitration. 2 marks

It is used by both courts and VCAT, so it is not equal to either of them: it is a method (or
process) parties could use in *either* venue.

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Judicial determination is when a judicial officer presides over (ie umpires) a trial or hearing in
which parties submit legal arguments and evidence favouring their side of the dispute. The
judicial officer decides which party's argument is the stronger, and makes a legally-binding
verdict or order in their favour. It is the most adversarial method of dispute resolution, and
involves one winner and one loser.

A judicial officer is an independent member of the judiciary, such as a magistrate or judge

b. Explain the difference between conciliation and mediation.

3 marks

The only thing I remember is that the conciliation has their opinion valued more even though it
doesnt affect anything.
c.

Question 5 (2 marks)
Explain the role of VCAT.

provide low-cost, timely, accessible, expert decisions to Victorians involved in a

civil dispute
Question 6 (10 marks)
Evaluate the strengths and weaknesses of the methods used by courts and VCAT to resolve civil
disputes.

Strengths of courts in resolving disputes

courts able to hear all disputes
parties are equally represented
courts use independent experts
rules of evidence and procedure ensure fair and unbiased hearing
trial by peers possible
binding decision
courts able to refer matters to ADR
courts enable parties to appeal
Weaknesses of courts in resolving disputes
expensive
delays time-consuming
formal
adversarial nature could cause tension between parties
impact of unequal legal representation could be unfair
Strengths of VCAT in resolving disputes
low cost
timely resolution of disputes
informal atmosphere
each list specialised
parties encourages to resolve issues between themselves
binding decision
Weaknesses of VCAT in resolving disputes
limited to civil cases
escalating costs
too informal
not appropriate for large complex cases
VCAT members non-judicial other than president and vice-

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president
delays

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