Daily legal terms

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Victims of Crime Assistance Tribunal (VOCAT)

VOCAT is established by legislation to provide financial assistance to victims of violent crime committed in Victoria. VOCAT assists victims to recover from a crime by providing financial assistance for expenses incurred, or reasonably likely to be incurred, as a direct result of the crime.

VOCAT may award financial assistance for reasonable counselling, medical, safety-related and funeral expenses, lost earnings and other reasonable expenses to assist a victim of crime in their recovery, when assistance for those expenses is not available from another source. VOCAT cannot award financial assistance for expenses incurred through the loss of or damage to property as a result of a crime.

Lump sum payments may also be made to certain victims of crime (for special financial assistance and distress) to assist victims in their recovery and in recognition of, injury, distress and trauma experienced or suffered by them as victims of crime.

VOCAT is an alternative to the courts. It's cheaper, quicker, and has a high success rate according to a lawyer I spoke with.

If you are a victim of crime, file a report immediately with the police, gather all the evidence you can, and consult a lawyer. VOCAT is a fairly small tribunal so please keep in mind for yourself and others that this avenue is always available.

Please visit this link for detailed information.

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Very amusing.

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Injunction

A court order that either prohibits the losing party from performing a particular act, or compels them to perform a particular act.

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Intestacy

When a person dies without having a valid will.

A person who dies without leaving a will is said to have died intestate.

In such case, the rules of intestacy will apply, so don't forget to write or update your will.

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Ex parte hearing

A hearing where one party is not present and has not been given notice of the application before the court; usually reserved for urgent cases.

A good example would be an application for an intervention order.

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Informant

The police officer or government official (for example, a ticket inspector) who charged you and who will give evidence against you in court.

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Statutory declaration

A document in which a person makes a statement and acknowledges that it is made in the belief that, if the statement is false, the person is liable to penalties for perjury.

The statement is witnessed by a person authorised under section 107A of the Evidence Act 1958

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Victims of Crime Assistance Tribunal (VOCAT)

VOCAT is established by legislation to provide financial assistance to victims of violent crime committed in Victoria. VOCAT assists victims to recover from a crime by providing financial assistance for expenses incurred, or reasonably likely to be incurred, as a direct result of the crime.

VOCAT may award financial assistance for reasonable counselling, medical, safety-related and funeral expenses, lost earnings and other reasonable expenses to assist a victim of crime in their recovery, when assistance for those expenses is not available from another source. VOCAT cannot award financial assistance for expenses incurred through the loss of or damage to property as a result of a crime.

Lump sum payments may also be made to certain victims of crime (for special financial assistance and distress) to assist victims in their recovery and in recognition of, injury, distress and trauma experienced or suffered by them as victims of crime.

VOCAT is an alternative to the courts. It's cheaper, quicker, and has a high success rate according to a lawyer I spoke with.

If you are a victim of crime, file a report immediately with the police, gather all the evidence you can, and consult a lawyer. VOCAT is a fairly small tribunal so please keep in mind for yourself and others that this avenue is always available.

Please visit this link for detailed information.

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Some additional information on VOCAT.

You don't pay your lawyer anything; they get paid up to $1100.00 by VOCAT so it's quite cost effective.

On the downside, your case will last for ages. Straightforward claims can take months; more complicated ones, years.

Cases that bring in more money are a priority for lawyers. VOCAT matters are a side-income.

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Circumstantial Evidence

Evidence of 'a basic fact or facts from which the jury is asked to infer a further fact or facts', traditionally contrasted with direct (testimonial) evidence: Shepherd v R (1990) 170 CLR 573.

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Eyewitness

A person able to give evidence of his or her direct observations of an event relevant to a fact in issue (e.g. identifying the offender as the defendant), as distinct from circumstantial evidence.

Courts can regard eyewitness testimony as inherently unreliable (R v Marshall (2000) 13 A Crim R 190) requiring the judge to warn the jury of, for example, the dangers with identification evidence: see Evidence Act 2008 (Vic) s 165(1)(b).

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Lien

A right to hold another person’s property until they meet an obligation or pay a debt to do with that property. For example, if someone has repaired your car at your request they can claim a lien over the car until the work is paid for.

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