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Zena bought a second-hand dress for $300 for her Year 12 formal - VCE - SSCE Legal Studies - Question 3 - 2019 - Paper 1
Question 3
Zena bought a second-hand dress for $300 for her Year 12 formal. She took it to her local dry-cleaning store, No Guarantees, to get it cleaned before the formal. Whe... show full transcript
Worked Solution & Example Answer:Zena bought a second-hand dress for $300 for her Year 12 formal - VCE - SSCE Legal Studies - Question 3 - 2019 - Paper 1
Step 1
Discuss the appropriateness of the Victorian Civil and Administrative Tribunal (VCAT) in resolving Zena's dispute
Answer
The Victorian Civil and Administrative Tribunal (VCAT) is designed to handle low-value disputes, making it somewhat appropriate for Zena's situation regarding the claim for her dress.
Zena's claim of $300 falls within the jurisdiction of VCAT, which specializes in cases involving relatively low financial stakes. This is significant as VCAT focuses on providing a cost-effective and accessible forum for resolving disputes that may otherwise be too minor for more formal court proceedings.
Additionally, Zena is a Year 12 student, indicating she may lack the financial means and resources to pursue the issue through traditional court mechanisms, making VCAT a more viable option for her.
However, No Guarantees' lack of response to Zena's communications poses a challenge. If the business is permanently closed, Zena may face difficulties in issuing legal claims or recovering damages. In such cases, VCAT jurisdiction may still apply, provided Zena can substantiate her claim against the business, even if the business is no longer operational.
Given that Zena has stated her original dispute involves both her own experience and the experiences of multiple others, this collective evidence could reinforce her case. If VCAT finds it appropriate to hear the matter, it could allow a resolution that addresses not just Zena’s claim but potentially others as well.
In summary, while VCAT is a suitable forum for Zena’s claim, operational complexities with the dry-cleaning business may pose challenges. Therefore, leveraging VCAT for resolving this dispute remains a reasonable course of action, particularly considering Zena's circumstances.