Kancheff v Charles Darwin University

In *Kancheff v Charles Darwin University*, the Northern Territory Civil and Administrative Tribunal (NTCAT) considered a dispute between Mr Kancheff and Charles Darwin University (CDU). Mr Kancheff alleged that CDU had breached its duty of care to him by failing to take reasonable steps to prevent him from suffering harm as a result of bullying and harassment by a fellow student. The alleged bullying and harassment occurred during Mr Kancheff's enrolment in a Master of Psychology (Clinical) program at CDU.

The Tribunal was required to determine whether CDU owed Mr Kancheff a duty of care, and if so, whether that duty had been breached. Specifically, the Tribunal had to consider whether CDU had taken reasonable steps to prevent the alleged bullying and harassment, and whether such steps, if taken, would have prevented the harm Mr Kancheff claimed to have suffered. The Tribunal also had to assess the nature and extent of any harm suffered by Mr Kancheff.

Judge Lindsay found that CDU did owe Mr Kancheff a duty of care. However, the Tribunal concluded that CDU had taken reasonable steps to address the complaints of bullying and harassment, including investigating the allegations and implementing measures to separate the students. The Tribunal was not satisfied that CDU's actions or omissions had caused Mr Kancheff's alleged harm, nor that further steps would have necessarily prevented it. The Tribunal therefore found that CDU had not breached its duty of care.