Seidler v The University of New South Wales

In the matter of Seidler v The University of New South Wales, the Federal Court was called upon to consider applications for summary judgment, dismissal, and striking out of proceedings brought by the applicant, Seidler, against the respondents, The University of New South Wales (UNSW) and the Australian Graduate School of Management (AGSM). The proceedings arose out of the applicant’s claims related to her employment and studies at UNSW, which were initially settled through a Deed of Release in 2009. The core legal issues before the court were whether the Deed of Release barred the applicant’s current claims and if the proceedings constituted an abuse of process.

The court held that the Deed of Release was clear and unambiguous in its terms, releasing the respondents from any claims arising from the applicant’s employment and studies, including those that might have been brought in the future. The applicant’s current claims, including those for alleged PTSD and a claim under the Fair Work Act, were within the scope of the Deed of Release as they arose from the same period and parties involved. The court emphasised that the applicant had already raised similar allegations in earlier proceedings, which were dismissed by the Federal Magistrates Court. The findings of the Federal Magistrates Court on the validity of the Deed of Release and the applicant's understanding of it were binding, barring the applicant from re-litigating the same issues.

The court granted the respondents’ application for summary judgment, holding that the Deed of Release provided a complete bar to the applicant’s claims. The court also dismissed the application to strike out the proceedings as the applicant had disclosed no reasonable cause of action. Furthermore, the court found that the proceedings constituted an abuse of process and ordered the dismissal of the applicant’s claims. The applicant was also ordered to pay the respondents' costs of the proceedings and the motion.