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Universities, being major educational institutions, will experience the same kind of potential legal disputes that could be found in claims against preparatory collages and schools. The only difference being that the diverse role of universities as more than merely educational institutions means that the scope of litigation may well be much greater.

For instance, universities have for a long time been hubs of research and development where new and innovative solutions to theoretical, technical and practical problems are investigated. This opens the path to potential claims in the intellectual property field of legal disputes. Trademarks, registered marks, copyright and patents may be heavily in use among both faculty and the student body. Contracts and their terms and conditions may relate to the use and dealing with these items of intellectual property. Disputes may naturally arise here as parties may challenge each others’ claims to ownership and use.

Universities, being the highly developed institutions of learning that they are, may have complex grading, assessment and appeal procedures. Often students who feel that they have not been treated fairly may consider that some aspect of natural justice or procedural fairness was not afforded to them. In these situations, there could be a allegation couched in the language of administrative law which itself could ground a claim in negligence: an allegation could be made to the effect that the university was negligent in allowing some breach of natural justice to occur, causing loss and damage.

Apart from these disputes, there are the usual claims and disputes which may arise within the university environment. These include:

  • Negligence and duty of care (personal safety, loss and damage to property, reputation etc);
  • Vilification, Harassment and Discrimination on account of:
    • Gender, Sex and Orientation;
    • Race and ethnicity;
    • Religious Belief and Political Conviction; and
    • Disability.
  • Freedom of Speech;
  • Freedom of Expression;
  • Administrative issues relating to:
    • Appeal of grades;
    • Disciplinary issues;
    • Procedural fairness; and
    • Natural justice.
  • Contract disputes;
  • Disputes with Subcontractors;
  • Employment Disputes; and
  • University Policies (interpretation and disputes).

If you are thinking of suing a university, a university lawyer may be able to assist you in determining the likelihood of success that you case has, assist in preparing your claim and gathering the necessary evidence and generally provide you with the legal advice for suing universities that you need. If on the other hand you represent an educational institution or are being sued by a student or contractor, a university solicitor will be able to prepare your defence and make sure that you adequately represented in any mediation or court proceeding.

If you require help with a negligence claim against a university, you may wish to contact our firm by telephone on (02) 9233 4048 or email us at info@navado.com.au and make an appointment to speak to one of our solicitors. 

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This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.

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