Accessibility of Self-Represented Litigants in VCAT

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