Carter v University of Wollongong

[2026] NSWSC 155

Supreme Court of NSW

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Interrogate

Catchwords

1. ADMINISTRATIVE LAW — procedural fairness — University student — allegations of student misconduct — nature of relationship between plaintiff and defendant — whether interlocutory or final orders sought — justiciability — failure by defendant to adhere to misconduct procedure — jurisdictional error established — question of the plaintiff’s entitlement to relief — defendant’s decision to continue to restrict the plaintiff’s access to the University invalid — relief granted

Quick Take

Universities invoking urgency or interim suspension provisions in student misconduct procedures must comply with the procedural time limits that follow, including prompt referral to the relevant disciplinary committee; failure to do so may vitiate any subsequent decision to continue interim restrictions as a jurisdictional error. Practitioners acting for students should scrutinise whether urgency powers have been re-exercised on the same allegations rather than following the mandated procedural pathway.