Authors: Megumi Ogawa
Addresses: Waseda University, 1-6-1 Nishiwaseda, Shinjuku-ku, Tokyo 169-8050, Japan
Abstract: The issue of courts' jurisdiction when overseeing disputes between students and their universities is a complex one. Sometimes the court which apparently has jurisdiction to hear most student complaints cannot entertain a particular complaint. Even if the court exercises jurisdiction, it might not have power to grant the most appropriate remedies for the dispute between the student and their university. Furthermore, it is not always possible for students to bring an action against their university in what appears to be the most obvious jurisdiction. In this article, the choice of forum by a student when making a complaint against their university will be analysed in detail.
Keywords: choice; legal forums; jurisdiction; student litigation; higher education; universities; dispute resolution; civil procedure; civil practice; Australia; student complaints; appropriate remedies; legal actions; law students; University of Melbourne; law schools; federal courts; judicial review; civil claims; public law; public policy.
International Journal of Public Law and Policy, 2012 Vol.2 No.1, pp.96 - 103
Received: 08 May 2021
Accepted: 12 May 2021
Published online: 31 Jan 2012 *