Naik v Monash University

[2019] VSCA 72

Victorian Court of Appeal

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Interrogate

Catchwords

1. Administrative Law
2. › Judicial review
3. › University assessment decisions
4. › Scope of judicial review jurisdiction
5. › Whether court can override academic judgment on assessment
6. › Whether court's jurisdiction confined to lawfulness of decision
1. Administrative Law
2. › Judicial review
3. › Extension of time
4. › Special circumstances
5. › Factors relevant to extension
6. › Period and reasons for delay
7. › Whether arguable case
8. › Justice to both parties
9. › Public interest in finality
10. › Supreme Court (General Civil Procedure) Rules 2015 (Vic), r 56.02
1. Administrative Law
2. › Judicial review
3. › Non-compliance with policy
4. › Whether failure to comply with non-statutory university policy amounts to jurisdictional error
5. › Whether legal unreasonableness, failure to take relevant consideration into account, or denial of procedural fairness applicable
1. Administrative Law
2. › Judicial review
3. › Adequate alternative remedy
4. › Whether judicial review should be denied where applicant has adequate alternative remedy under anti-discrimination legislation

Quick Take

Non-compliance with a non-statutory university assessment policy does not, without a good deal more, amount to jurisdictional error that invalidates a decision. The mere existence of an arguable case does not constitute special circumstances for extension of time and of itself would not enliven the power to extend time under r 56.02. Whether university assessment decisions are amenable to judicial review in the Supreme Court of Victoria remains an open question.