Australian Legal System in Context-VCAT
PART A – AUSTRALIAN LEGAL SYSTEM CASE SUMMARY (500 words)
Write a case summary of Kuel v Ticket Solutions Pty Ltd (Civil Claims)  VCAT 964
PART B – VCAT ESSAY – 1000 words
You are required to write a short essay on the topic “VCAT’s 2018-2022 Strategic Plan states that one strategic priority is to “make it easier for all Victorians to participate and access us”. Critically discuss this statement”.
Part A: Case Summary
The claimant is a dealer in the music world in Melbourne throughout this litigation. The concerned sponsor decided to book a concert hall on one or more time and the date and provide and market dance and music performances at the performance space. To operate the company, the promoter should therefore conclude contracts with both the artists and the operator. Consumers pay good money to watch the shows by booking tickets to that same hall. A few other location operators sell seats; others have a ticket booking arrangement, which entitles the organization to offer the reserved seats entirely. There is numerous revenue sources – ticket as well as bar sales – and revenue must naturally be divided here between promoter, the site, the ticketing agent as well as the artists("Victorian legislation", 2020).
Now the central issue of this case deals with the dispute in payment to the promoter of the programme. In the case C5333/2019, tickets for concerts organized by the promoter or the applicant have been sold between the claimant or the promoter and the respondent or the agency related to ticket selling. When the proponent issued the proceeding, C5333/2019, on 17 July 2019, it sought $17,581.50. At the end of 2019, it charged $12, 102, and 73 and disputed the Promoter for a balance of $5, 478, 77. On 16 July 2019, the promoter also issued a case against the local operator in C 5361/2019 for a cumulative demand of $30,671.92 for debt owing more than $29,800.00, interest, as well as charges("Victorian Consolidated Acts", 2020). In Procedure C5361/2019 by Tribunal Order dated 15 December 2019, the ticketing agency became an Interested Party. The C5361/2019 protocol was created by order dated 2 March 2020 with a right of reinstatement. In its arguments in action C5361/2019, the proponent argued that the promoter booked the venue for a concert held in January 2019 in October 2018. The promoter remembered that the event's 252 tickets were distributed by the ticketing agent before the event and reported that 378 tickets had been distributed at the door of the hall, for $100 each, during the night. The promoter reported that the ticketing agency only had received $11,000 and not $37,800, and the remaining $26,800 was not received. The remainder of the lawsuit contained interest and additional expenses. The promoter challenged the calculation of the tickets sold at night at the defence points of the site operator. According to the operator at the venue, 110 tickets among 507 sold tickets were sold at the gate, which produced revenue of $36,150. The location operator also claimed that the representative of the promoter earned $11 thousand on that particular night and had approved a deduction for the cost of hiring the location/ venue. The location operator also claimed that the ticketing company had given the venue operator $5,478.77 for the costs of renting the venue.
The parties are instructed that the joiner will not request order by, or against the ticket booking organisation in C5631/2019 but will be influenced by its interests (within which a calculation of the total of sales charges the venue operator was eligible for in respect of this concert relates to the problems in the C5333/2019 procedure). Ultimately, in litigation (C5361/2019) the proponent’s claim against the site operator was settled with the Settlement Terms carried out on 28 February 2020 by the promoter and the location operator (Settlement Conditions). As a result, the right of reimbursement was created for Procedure C5361/2019. The case was not reinstated. The Judgment of the Court noted that, in proceeding C5361/2019, whether or not $5,478.77 was applicable for determination in proceeding C5333/2019, the right amount payable to the site operator. Finally, the proceeding gets dismissed("Library guides: Legislation: Victoria", 2020).
The reasoning of the case
The promoter status in the case of C5333/2019 and C5361/2019 was that the developer would pay the promoter to the site operator and not by ticketing agency withholdings; all fees payable to him under the site hire agreement. As stated by the Tribunal, an agreement was reached on C5361/2019 and all fees and costs were covered between the proponents and operators. The agreement was concluded. To the operator of the location and the balance of $5,478.77 claimed by C5333/1999 remains due. Finally, the court dismissed the proceedings (Perakath, 2019).
Part B: Essay
“VCAT’s 2018-2022 Strategic Plan states that one strategic priority is to “make it easier for all Victorians to participate and access us”.
VCAT stands for Victorian Civil and Administrative Tribunal. It introduced a transformation agenda emphasizing on strengthened digital infrastructure, smoother accessibility, improved ties with shareholders as well as a powerful and evolving management structure. VCAT works in more than 50 locations in Victoria and assists society through the settlement of various forms of civil conflict and the decision-making of human rights proceedings (Pavlova, 2020). They are even less formal than court as well as in the vast majority of instances people are served by mediation as well as hearings. The VCAT rulings shall be definitive and lawfully effective on the participants to the prosecution besides the right to appeal to The Supreme Court of Victoria.
Issue: The Court decides on average 85 thousand cases annually, and expects shift incompetence and demand for our services with a view to the future. VCAT ought to develop to achieve success for Victorians. In the next four years, facilities will be transformed (Allen, 2019). In the middle of this innovation, this agenda is an attempt to become an advanced, contemporary court. This ensures that it responds to something like the social, technological and legislative complex climate in which it is worked. With the newly emerging techniques and connectivity, society expects readily available, subsidized services. Court.
Relevant law related to case law: Cases on commercial tenancy agreements and company leasing disputes are heard and resolved by VCAT. In the context of the Equal Opportunity Act 2010 or Racial and Religious Tolerance law 2001, it is heard and decides cases concerning illegal discrimination, sexual harassment, victimisation or vilification (Maylea, & Ryan, 2018). By the traditional ownership legislation, it’s discussed that the decisions taken by government agencies on land use and development: Legislation of 2010 on Traditional Owner Settlement, the 2006 Aboriginal Patrimony Act and Act 1993 on the Native Title. The concerned authority is hearing requests under the Property Law Act 1958 to order the sale or sharing of co-owned properties. A basis for Victoria’s planning system is provided for in the Planning and Environment Act 1987 (Vic). If a routine procedure for the preparation of permits applies and vegetation in private property is covered by an overlay of significant landscape, environmental significance overlay, vegetative overlayed, heritage overlay, Bushfire management overlay, standard decision directives for each of these overlays apply (Richardson, Grant, &Boughey, 2018). These directives include prudential details on the priestly existence of each overlay.
Application of law: Housing conflicts between the owners and the renters and the Director of housing, and the specialised handicap residences and assisted architectural design features. Residential conflicts Product and service disputes that have purchased or sold. Dispute involving decisions on land usage, construction and zoning, including planning permits, opposition to planning permits and schemes for planning(MacDermott, 2020).Refutes on the ownership and use of shared land, including apartments and units in partitioned areas. Residential or corporate construction clashes are combinations of disputes – between a landowner, a developer, a private contractor, a designer or a construction specialist. The list of legal practice hears and resolves conflicts among advocates and applicants over the provision of legal services and costs as well as cases involving the actions of lawyers. Legal Professions Uniform Law (Victoria), as set out in Schedule 1 of the Legal Profession, Uniform Law Implementation Act 2014, Legal Profession Accord 2004, is an exception to legal practice (Marsden, Rowley, Monaghan & Sharp, 2020). This is often attributed to the "Act of 2004." It’s also heard cases in the form of legislation that applies to services in general.This is considered as Australian Consumer Law & Fair Trading Act, 2012 and Fair Trading Act, 1999. Concluding statement: A fair, effective and open justice is provided to the Victorian society by the Victorian Civil and Administrative Tribunal (VCAT). This is achieved by rulings on a wide variety of cases or helping to settle disputes. To promote the performance of VCAT and the community, the authority has set critical success factors and shown how it is going to have an impact. The findings that VCAT align are:
1. To be a contemporary court;
2. Providing quicker and more cost-effective services;
4. All Victorians' easy accessibility.
Four qualities of leadership will help the execution of our strategic goals. They are: strategic, collaborative, compassionate and creative. The aim of VCAT in the 2018-2022 strategic plan is to ensure equal, cost-effective justice ("VCAT Stakeholder Engagement Framework 2018-2022 | VCAT", 2020). The Authority is going to do this by assisting people in reaching an agreement and resolving their case or making a decision at a hearing to be followed by each party. It's a neutral position. This ensures that the employees cannot offer legal advice or support one party over the other on personal circumstances. It is responsible for acting equally with others based on facts and law.
The Victorian Civil Administrative Tribunal (VCAT) and the Courts share distinguishing characteristics, such as its capacity to resolve and make rulings, depending on the dispute being brought before them, which can only be resolved by the courts or by the Victorian Civil Administrative Tribunal (VCAT). VCAT has a plan of 2018 to 2022. However, courts are capable of creating rules and procedures, whereas VCAT is not capable. Besides, the capacity for VCAT to settle disputes by Alternative Dispute Resolutions (ADRs) is greater than that of the existing system of courts. Therefore the statement of this essay is true in every sense.
Allen, D. (2019). Addressing Discrimination through Individual Enforcement: A Case Study of Victoria. Library guides: Legislation: Victoria. (2020). Retrieved 13 October 2020, from https://guides.lib.monash.edu/law-legislation/victoria
MacDermott, T. (2020). 12 The framing of tribunal procedures. Procedural Justice and Relational Theory: Empirical, Philosophical, and Legal Perspectives, 12.
Marsden, M., Rowley, S., Monaghan, J., & Sharp, J. (2020).Noteworthy Tribunal decisions and Panel reports. Planning News, 46(1), 28.
Maylea, C., & Ryan, C. J. (2018).Decision-making capacity and Victorian mental health tribunal. International Journal of Mental Health and Capacity Law, 2017(23), 87-108.
Pavlova, M. (2020). Delimitation and Correlation of Civil and Administrative Legal Proceedings: Qualification Problems and Criteria. LexLocalis-Journal of Local Self-Government, 18(2).
Perakath, A. (2019). Burns v Corbett (2018) 353 ALR 386 Tribunals and Tribulations: Examining the Constitutional Limits on the Jurisdiction of State Tribunals. Adel. L. Rev., 40, 587.
Richardson, L., Grant, G., &Boughey, J. (2018). The Impacts of Self-Represented Litigants on Civil and Administrative Justice: Environmental Scan of Research, Policy and Practice.
VCAT Stakeholder Engagement Framework 2018-2022 | VCAT. (2020). Retrieved 13 October 2020, from https://www.vcat.vic.gov.au/documents/vcat-stakeholder-engagement-framework-2018-2022 Victorian Consolidated Acts. (2020). Retrieved 13 October 2020, from http://www.austlii.edu.au/au/legis/vic/consol_act/
Victorian legislation. (2020). Retrieved 13 October 2020, from https://www.legislation.vic.gov.au/ Virgo, G. (2018). The Principles of Equity & Trusts.Oxford University Press.