The Case of Lawrence V Leonard (Civil Claims) - Paper Example

This first part is a brief summary of the case of Lawrence v Leonard (Civil Claims) [2016] VCAT 2169 (22 December 2016). The summary will be dealing with the background facts of the case, the central issues, the decisions made by the judge and the locus stand behind the reasoning.

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BACKGROUND FACTS OF THE CASE

On 15th of December, 2016, Jamie Lawrence -the applicant appeared before Victorian Civil and Administrative Tribunal to raise a civil claim on Marcus Leonard - the respondent. The respondent had contracted the applicant who was a carpenter to renovate and repair some furniture and sink in the respondent old kitchen. The respondent, in this case, wanted to make the 30-year-old kitchen to last for at least an additional year. Leonard also wanted to minimize the renovation cost and sorted to purchase the particular building materials by himself. When Lawrence was contracted, he was given a designed plan of work of which he was expected to adhere to.

During the execution of work by Lawrence, the respondent noted that Lawrence was not doing the work in agreement with his legitimate expectation. The fixing of the sink was defective, the joining was not flat and was visible at a glance. Due to this, Leonard was enraged and immaturely terminated the contract. The respondent did not give the applicant time to rectify nor finish up all the mess he created. Instead, he went ahead and hired another contractor of which he paid heavily to complete the work and remove the mess done by Lawrence. When Lawrence represented his invoice of $1810, Leonard rejected and failed to pay any amount. Finally, the applicant went to the tribunal for the claim.

CENTRAL ISSUES IN THE CASE

Whether the contract was a reasonable job as referred by the applicant or not.

Whether the work was defective or not.

Whether set off was to be allowed and if the filling coast was to be subjected to the respondent.

HOLDING AND DECISIONS BEHIND IT.

On the first issue, it was held that due daily charges and also the rule in section 60 of the Australian Consumer Law, the applicant were to do the work diligently with due care and at no point, work was to be considered cheap by the person contracted to do it.

On the second issue, it was held that the work could not be termed defective because the applicant had not finished and he was not given a chance to rectify his mess. It was also out of order for the respondent to terminate the contract prematurely because of minor mistakes.

On the last issue, it was held that there was no setoff for the respondent. The applicant was to be paid the invoiced amount plus the filling fee. The applicant misconceived costs was dismissed.

PART B OF THE RESEARCH WORK

The extent to which VCAT has effectively and efficiently provided for resolution of civil disputes through ADR in Victoria

INTRODUCTION

The Victorian Civil and Administrative Tribunal (VCAT) were instituted by the Victorian Civil and Administrative Tribunal Act 1998 within the state of Victoria in Australia. It is not a court, but it is a tribunal created by a statute. In court hierarchy, it operates below the Magistrate Court in Australia. This tribunal has no inherent authority. VCAT deals with ADR issues in many cases but does not assist with debt recovery, motor vehicle accident claims or fencing disputes.

Alternative Dispute Resolution (ADR) is any means of settling disputes outside of the courtroom. It includes early neutral evaluation, negotiation, conciliation, mediation, and arbitration. The major aim of VCAT was to reduce case log in courtrooms through alternative dispute resolution.

ROLES OF VCAT IN VICTORIA

The emergence of VCAT is of categorical aim. It helps in achieving justice in a timely way. The cost of adjudication is fairly favorable. It also makes justice to be accessible. It solves dispute out of the courtroom. The tribunal has been constituted to deal with civil matters such as consumer protection, domestic building works, sales and ownership of properties among other things. It also deals with human rights like equality, racial and religious vilification and the interest of people with disability. It deals with administrative functions such as state taxation, legal services and business licensing. Finally, it deals with residential tenancies divisions majorly the residential tenants and landlords matters and caravan park owners and residents.

OPERATION OF VCAT AND THE EXTEND TO WHICH ITS EFFECTIVENESS AND EFFICIENCY HAVE BEEN ACHIEVED.

In my critical analysis of this subject matter, I will be referring to some of the observation I keenly made during the field research while attending tribunal proceedings at VCAT sitting in 55 St. Melbourne on March 29th, 2017. The tribunal member was M, A Vassar. This will be in combination with other more field research that I am not able to note now. I will also rely on some secondary sources such as textbooks and journals.

It is a doctrine of equity that, delay defeats equity. In the dispensation of justice which is efficient and effective, quick litigation is a dictate of importance. The use of VCAT has enhanced speed in ADR processes hence solving the delay caused by the courts. However, some problems still arise with respect to time taken for dispute resolution. In the tribunal sitting named above, I noted that failure of one party to reach the sitting and missing documents were the major causes that made the problem resolution to delay.

The use of VCAT has been commendably viewed as a cost-effective process. The tribunals have made it possible for the less fortunate people to access justice at a cheaper cost. The great coast experienced in the courts can be evaded by the ADR system. However, there has been an overlook on how sometimes the use of ADR can be an additional coast in the justice quest process. In one of the settings, there was a case that dispute was not solved and the applicant was to move to the Magistrate Court to seek justice. This is seen as an additional cost that could be evaded in a circumstance where ADR was not the initial step. The tribunals are also not certain of the amount to be compensated in case of a contractual breach, and this is solemnly left to the discretion of the parties to whom the party with the higher bargaining power may be biased.

The practice of ADR in VCAT has also given a wide range of remedies available. Some of this remedy cannot be found in formal court proceedings. The better example to be used in this case is the remedy of apology. In many of the settings of the field research, it was identified that almost on a daily basis in these tribunal proceedings a remedy of apology was sorted or given. The indications, therefore, shows that such remedies that are informal have made tribunals friendlier to many parties hence a convenient way of achieving justice.

CONCLUSION

My argument is clearly based on an appreciation of VCAT on how it has improved the operation of the legal system in Victoria. However, I cant end without giving recommendations that I feel, when implemented, our jurisprudence will be well stretched and developed. First, I am recommending that the tribunal is fitted with modernized technological devices. The recording of the proceedings by both the member of the tribunal and the people in attendance should be digitalized. Finally, the government should finance the courts adequately for proper and efficient operation.BIBLIOGRAPHY

Australian Consumer Law (Vic) s 60.Duggan .A, Middle Income Access to Justice (University of Toronto Press 2012)

Millane .V, Legal Studies (Pascal Press 2006)

Smith .B, Equality and Discrimination Law in Australia: An Introduction (Cambridge University Press 2016)