Post Exam Thoughts!

[playsimme]

ummm it said compare vcat + courts and explain a method of dispute resolution

[charliea2012]

@bdjung: Yeah, that's right. Basically, you had to look at a weakness and then correspond that weakness with a strength. Most of us would be more used to evaluating a strength (then explaining the corresponding weakness). This question required us to do it the other way around.

@I-Banking: The second part of the question was to explain a dispute resolution method used by VCAT and the courts. I explained arbitration.

What examples did people use with using the media to influence legislative change?

[playsimme]

i said a television forum..

[bdjung]

I used the example of the Live Exports ban to Indonesia.

[bdjung]

Did any of you feel as if you were consistently writing 4 mark responses to 5 mark questions?

[bdjung]

With the exam, there really wasn't any time for you to think how the marks would be allocated. I just wrote...and wrote and wrote, hoping that I had enough points to cover the allocated marks.

[Tragesty]

Can anyone exactly remember what the 8 mark question said. I know that i said to compare VCAT and the Courts, which I did in 4 marks, but there was a second part to it also I think.

I didn't have much trouble with this question, but now I've forgotten what it actually said, so just want clarification

It also asked that in your answer you include one alternative dispute resolution method used in courts and/or VCAT.

I only did arbitration used in courts (<$10,000) - anyone do one for courts AND vcat?

[I-Banking]

for the 8 marker I explain mediation in 2 marks.. for the other 6, i said:
Similarites:
- both follow some rules of procedure which ensure fairness for parties etc.
- both are presided over by an independent and unbiased 3rd party etc.

Differences:
- outcome not binding in mediation and conciliation (VCAT) (its not!)
- no strict rules of evidence in VCAT (no such thing as inadmissible evidence)
- no strict standard of proof in VCAT
- outcome is made by judge in courts but usually by the parties in VCAT (again mediation and conciliation)

mark me out of 6 for these points

[Tragesty]

The video below, at around 0:36, as well as Justice and Outcome's information, makes me believe VCAT's decisions are legally binding, despite having always thought otherwise.

http://www.vcat.vic.gov.au/CA256DBB0022825D/page/Video+guides-After+the+hearing?OpenDocument&1=12-Video+guides~&2=40-After+the+hearing~&3=~

[VCINDYE]

Is the juries act amendment 2000, whereby the right to be excused as a right was removed, thus allowing a more effective cross section of the community, an acceptable answer to the 2 mark recent change?

omg I did this also! :/
And what method can be used to change the constitutional powers? is s128 acceptable? or is this referring to the interpretation of the High Court.......

[Tragesty]

^ You could have talked about referendums (which relates to S128), high court interpretation (S76 I believe) or referral of powers (S36 I think).

[I-Banking]

http://www.justice.vic.gov.au/wps/wcm/connect/DOJ+Internet/Home/The+Justice+System/Disputes/Mediation/JUSTICE+-+Mediation+-+FAQs

mediation is only binding when a legal agreement is signed by the parties

[VCINDYE]

^ You could have talked about referendums (which relates to S128), high court interpretation (S76 I believe) or referral of powers (S36 I think).

Oh haha thanks! Was arguing over this for a while.

[Tragesty]

http://www.justice.vic.gov.au/wps/wcm/connect/DOJ+Internet/Home/The+Justice+System/Disputes/Mediation/JUSTICE+-+Mediation+-+FAQs

mediation is only binding when a legal agreement is signed by the parties

Screw it, so over that thinking about that question, dont know what to think of the whole legally binding or not thing. Nice find though.

[bodriagin]

For the similarities between VCAT and court resolution question - worth 8 marks, I defined VCAT, outlined its role and then went on to talk about 2 strengths and 2 weaknesses of VCAT compared to court resolution (formality and outcome - that the outcomes of mediation and conciliation are not legally binding unless a formal contract is signed) and concluded with a definition of arbitration. Am I looking at like 3 marks for a response like this?

The evaluation was to an extent outlining a comparison between the two. I said that the informal environment of VCAT can be a strength is as it provides a flexible environment ... however it can also be a weakness if a party ... In contrast, courts provide a formal environment to resolve disputes through strict rules of evidence and procedure...

I then said that the outcomes of mediation and conciliation are not legally binding, unless a formal contract is signed, providing no incentive for parties to adhere to the agreements made ... however, the outcomes in court resolution is legally enforceable ...

I'm so worried about this question and it's been bothering me all night! I thought it said evaluate. :\