Accessibility of Self-Represented Litigants in VCAT

This report examines the accessibility of self-represented litigants in VCAT compared to courts, with a focus on reducing costs and providing speedy justice. A case study is included.

VCAT

Table of Contents
INTRODUCTION ..........................................................................................................................1
MAIN BODY ..................................................................................................................................1
PART A: Case Summary...........................................................................................................1
PART B: Is VCAT more accessible to self- represented litigants, in comparison to courts ?....2
CONCLUSION ...............................................................................................................................4
REFERENCES................................................................................................................................5

INTRODUCTION
VCAT is an abbreviation of Victorian Civil and Administrative Tribunal formed under
the VCAT Act 1998 in Victoria, one of the state in Australia. VCAT is a creation of statute and
main aim of this forum is to reduce the cost involved in the litigation. It focuses on resolving the
disputes at low cost and speedy justice. It not only set an example of effective tribunal but also
encourages self representation in the tribunal1. Further it has no inherent jurisdiction as the
powers and jurisdiction are conferred on it is by the Parliament. Thus, the main purpose of this
tribunal to provide speedy justice in an effective and affordable manner. This report examines
the accessibility of the self-represented litigants to the tribunals as compared to the courts along
with the case study.
MAIN BODY
PART A: Case Summary
Lambert v Duncan (Residential Tenancies) [2021] VCAT 18 (13 January 2021)
Under this case, the applicant is the tenant who is a nurse employed in several hospital
and by the DHHS COVID-19 testing teams. Tenant expressed her concern in respect of COVID-
19, as its exposure would be increased if the rented premises are inspected by the potential
buyers. Such might impact on her ability to be gainfully employed. She is already suffering from
anxiety disorder. Later due to the above reason tenant seeks the declaration that she would not be
said to breach in respect of her duties and obligations stated under the act, if she refuses to permit
the potential buyers for inspection of premises2. The tribunal on hearing both the parties and
keeping in view the circumstances and interest of the parties involved consider that the
reasonable precaution can be implemented in order to conduct inspection by the potential buyers,
subject to the order set out. The tribunal ordered that, firstly the former restraining order dated 07
October 2020, passed by the tribunal made an interim, ex-parte orders restraining the landlord
and their agents from conducting the sales inspection, is hereby vacated. Secondly it was ordered
that inspection will be conducted for one and half hour period per seven days at a time agreed by
1 Manke, Sunanda, Kavita Khare and S.D. Sapre, "VCAT Synchroniser-Reduction Of Buffer Size In VCAT
Enabled Next Generation SDH Networks" (2018) 22(8) European Transactions on Telecommunications
2 Zhang, Angeline et al, "P3-249: VISUAL COGNITIVE ASSESSMENT TOOL (VCAT): A SCREENING
TOOL FOR MULTILINGUAL SOCIETIES" (2018) 10 Alzheimer's & Dementia
1

the tenant. Thirdly, not more than four persons are allowed to conduct the sales inspection and
following person must wear the face masks and gloves and sanitise their hands before entry and
also if the surface is touched by the buyers, it must be wiped down by sanitize wipes. Lastly the
agent shall be given the responsibility to supervise that these stated precautions are followed
strictly. Tenant argued that it is reasonably impractical to comply with the her duties and
obligations stated under the law due to the pandemic situation of COVID-19. Further the tenant
stated the pandemic situation as the exceptional circumstances in respect of her duties and
obligations. Also she displayed the symptoms of anxiety that she will not good as the inspection
would be detrimental to her health. After considering both the evidence and reasons stated by the
parties, it was held that the circumstances occurring cannot hold back tenant to render her duties
and obligations stated under section 89 of RTA as it seem reasonably impractical. Further the
following circumstances do not comes under the heading of “exceptional circumstance” for the
purposes of section (d) of the RTA and safety protocols as stated are required to be applied
during the sales inspection to minimize the risk of corona virus and these measures are
appropriate, cost effective and gives no harm to the parties during the sales inspection3. Also as
the matter of her anxiety , the tenant worked for non stop 250.5 hours at COVID-19 testing
centers during the time of second wave of the pandemic and thus, such irrelevant logic will not
reasonably preclude her from complying with her duties and obligations sated under section 89
of RTA.
PART B: Is VCAT more accessible to self- represented litigants, in comparison to courts ?
VCAT, aims to resolve the disputes at a low cost with an easy accessibility by
representing themselves. The tribunal tries the proceedings by keeping the parties at equal status.
Tribunals, are thus established in order to resolve the disputes relating to matters of civil nature
which remain unsolved by the parties in disputes. VCAT is devised to provide speedy justice
with less legal formalities. It has four divisions: Civil, Administrative, Residential Tenancies and
Human Rights. In these civil matters most of the proportion of parties represent themselves in
order to eliminate the cost of litigation. Yes, VCAT is more accessible to self-represented
litigants as it helps them to resolve the disputes at low cost with less legal formalities as
compared to courts. Not only the procedures but also cost evolved is high as compared to
tribunal. The tribunal puts a great emphasis on the people who cannot afford attorney to defend
3 Ramkumar, Rohith, "Survivable VCAT Enabled Multiservice Networks" [2019] SSRN Electronic Journal
2

their case accompanied by the lengthy formalities and procedures. Thus, provides an opportunity
to defend their case with informal proceedings.
The self-represented litigants are beneficial for tribunal as the common disputes are
solved without any complications with a simple process. These litigants are generally the
members of the society attempting to defend their case and claiming their rights evolved in their
case. The support provided by the tribunal also reduces the burden of the court in exercising such
matters. Further VCAT's services helps the self-represented litigants to access without seeking
help from the other legal centers or communities, indirectly reducing the burden from such
centers and communities. Also the VCAT's online services help the litigants to complete the
formalities with low literacy skills. Thus, such creates a positive impact and easy accessibility for
people. It helps to make the complex case simple as self-represented litigants will use
accordingly legal words and references4. Further the represented litigants does not create
emotional support as they are not being personally involved in the dispute and also the consume
more time in providing justice as compared to the individual who himself participate in its legal
affair. Also helps the self-represented litigants to tell the facts without being interrupted. On the
other hand court does not recommend self-represented litigants as these are not bound by ethics
provided under the law. In regard to this the tribunal has devised the programs in order to
provide effectiveness in the working of the self-represented litigants. Such inflation in the cost of
legal services and increase rate of cases resulted individual to participate in their personal case.
The primary distinction between the VCAT and the Court is that the jurisdiction under
the tribunal is self represented litigants oriented while in the court it is represented litigants
oriented. The court give emphasis to the lawyers having knowledge of law in order to deliver
justice effectively. The court does not assist the self represented litigants to present their claims
before them, such creates an accessibility towards the tribunal. The VCAT is better option to
support the self-represented litigants in the legal system5. Thus, encourage them to defend for
their own case. One of the major reason related to the accessibility is that the services of the
tribunal are available in more locations across the state covering the regional and rural areas in
order to ensure speedy justice as compared to the courts. The tribunal motivates the speedy
4 "The Herald & Weekly Times Ltd V The Victorian Civil And Administrative Tribunal And Others" (2018)
11 VR
5 "Chief Commissioner Of Police And Another V Herald & Weekly Times Ltd And Others" (2018) 30 VR
3

justice and creates trust in the parties in order to resolve disputes efficiently and effectively. Also
it provides a great access to self-represented litigants with its flexibility and less formal
procedures in the proceedings. The self-represented litigants does not access the court with its
lengthy procedures and requirements. Further not only the cost factor but the education made
people eliminates fear of appearing in their own case. The tribunal provides the self-represented
litigants an relaxed environment than as compared to courts. Also make the evidence admissible
which may not be allowed by the court6. Thus, the tribunal provides a court procedures in a
simplified manner and help to resolve the disputes effectively, also with an aim of expeditious
hearing. Therefore, the complexity of court procedures and high cost of litigation makes people
reluctant to appear before them, such factors makes them approach tribunal.
CONCLUSION
Form the above report the role of Victorian Civil and Administrative Tribunal is
concluded along with its accessibility to self-represented litigants. The tribunal resolves the
disputes according to law at a low cost with less formalities and procedures. Further the tribunal
encourages the self-represented litigants to present their claim and defend case before the
tribunal. The services provided by the VCAT makes easier for the self-represented litigants with
low literacy skills. These services can be availed in more locations across the state including
rural areas but only on certain matters. Also the report specifies the case study of Lambert V
Duncan. The self represented litigants does not recommend courts because of its high cost, time
consuming in delivering justice and complex procedures. These factors makes VCAT more
accessible to self-represented litigants as compared to the courts.
6 "Tamas V Victorian Civil And Administrative Tribunal And Others" (2020) 9 VR
4

REFERENCES
Books and Journals
Manke, Sunanda, Kavita Khare and S.D. Sapre, "VCAT Synchroniser-Reduction Of Buffer Size
In VCAT Enabled Next Generation SDH Networks" (2018) 22(8) European
Transactions on Telecommunications
Zhang, Angeline et al, "P3-249: VISUAL COGNITIVE ASSESSMENT TOOL (VCAT): A
SCREENING TOOL FOR MULTILINGUAL SOCIETIES" (2018) 10 Alzheimer's &
Dementia
Ramkumar, Rohith, "Survivable VCAT Enabled Multiservice Networks" [2019] SSRN
Electronic Journal
"The Herald & Weekly Times Ltd V The Victorian Civil And Administrative Tribunal And
Others" (2018) 11 VR
"Chief Commissioner Of Police And Another V Herald & Weekly Times Ltd And Others" (2018)
30 VR
"Tamas V Victorian Civil And Administrative Tribunal And Others" (2020) 9 VR
5