Australian Universities in Court: The Causes, Costs and Consequences of Increasing Litigation

Abstract:     
Concerns have been burgeoning about the increasing number and complexity of disputes involving Australian universities, their extensive monetary costs and the damage they cause to the reputation of those universities. However there is very little empirical data about disputes in universities to show whether or not these concerns are well founded and, if they are, to suggest what may be causing the increase. In the absence of data we do not know whether there is a problem or, if there is, how to remedy it. This article reports results from a survey of litigation involving Australian universities from 1985-2006. It demonstrates that litigation involving universities has indeed increased significantly; reveals who litigates with universities; confirms the assertion that many of these cases are very complex. It discusses the factors that appear to have contributed to the increase.

Keywords: disputes, universities, litigation, dispute resolution

JEL Classifications: K10, K30, K40, K41

Accepted Paper Series