Post Exam Thoughts!

[Tragesty]

Nah, it didn't (went over the question several times) - swear that question was confusing.

It asked for a way in which division of powers can be changed and the impact or something along those lines.

[selim31]

How did people like the question on precedent?

[Tragesty]

I started by talking about how precedent must be followed when its binding, explained what binding precedent was. Then said precedent doesn't have to be followed if its persuasive precedent, said what it was.
Then talked about RODD. Is that appropriate structure? Anyone do anything different?

[selim31]

I started by talking about how precedent must be followed when its binding, explained what binding precedent was. Then said precedent doesn't have to be followed if its persuasive precedent, said what it was.
Then talked about RODD. Is that appropriate structure? Anyone do anything different?

well I it sounds alright, but I have also analyzed how precedent allows judges in higher courts have more flexibility due to reversing, and overruling, and how judges of lower courts and higher courts can use distinguishing the material facts to their advantage. Didn't mention disapproving though :\

But yea, mentioned binding precedent and persuasive precedent (persuasive, which doesn't have to be followed by courts ) as well

[nmonogamy]

soo guys the question about compare VCAT and COURTS... how did you handle that

[selim31]

soo guys the question about compare VCAT and COURTS... how did you handle that

LOl, this was another F'd question which wasted so much of my precious time. Heaps to write about.

Judicial determination, which is used by courts, is legally binding whereas VCAT decisions, which are generally determined by Alternative dispute resolution methods such as mediation and conciliation, are also legally binding.  I could go on and on.

[Tragesty]

^ VCAT decisions aren't legally binding, excluding arbitration, right?

[selim31]

^ VCAT decisions aren't legally binding, excluding arbitration, right?

Hehe, they are, including mediation and conciliation.

[lukew]

^ VCAT decisions aren't legally binding, excluding arbitration, right?

Hehe, they are, including mediation and conciliation.

no.... only Arbitration is.

[edit] to explain, Mediation and Conciliation have their resolutions mutually agreed upon by the parties, sort of like in good faith, but Arbitration has a 3rd party to make it for them, also legally binding.

[selim31]

Thank god I asked my legal studies teacher about this yesterday. VCAT decisions, including mediation and conciliation decisions, are legally binding as they will go through some administrative shit. However, mediation and conciliation isn't binding if they are used by non-governmental agencies to resolve disputes (unless a deed of settlement is signed in both)

[Tragesty]

Legal Notes states mediation and conciliation aren't legally binding, with arbitration being the only legally binding ADR.

It's how I've learnt it all year, am I missing something?!

[selim31]

Legal Notes states mediation and conciliation aren't legally binding, with arbitration being the only legally binding ADR.

It's how I've learnt it all year, am I missing something?!

But if VCAT uses them, then yes, they are binding.

[Tragesty]

Ah crap. Yeah screw it, lost all hope - legal's my 10% I guess. Ah well, will talk to my teacher about it tomorrow. Cheers for the information.

[lukew]

Thank god I asked my legal studies teacher about this yesterday. VCAT decisions, including mediation and conciliation decisions, are legally binding as they will go through some administrative shit. However, mediation and conciliation isn't binding if they are used by non-governmental agencies to resolve disputes (unless a deed of settlement is signed in both)

Though that does bring up something I remember my teacher talking about, but he was sort of ambiguous and it wasn't explained well. I've gone with M&C being non-legally binding, and Arbitration and Judicial determination being binding and haven't been corrected over sacs sooo...

[lukew]

Where's EPL when you need him...