Stephens v Australasian Beauty Therapy Academy Pty Ltd (Civil Dispute)

The case of Stephens v Australasian Beauty Therapy Academy Pty Ltd involved the applicant, who had entered into multiple agreements to pay tuition fees for a Certificate IV in Beauty Therapy course. The dispute arose when the applicant failed to make the required instalment payments and additional courses were added to her program. The applicant was subsequently suspended and then terminated from the course. She sought damages for the alleged wrongful termination. The court had to determine whether the procedures outlined in the Academy’s manual had been varied by express or implied agreement, the validity of the suspension and termination, and if there was a breach or repudiation of an essential term. The court found that the Academy had not breached any agreement and that the applicant had failed to adhere to the payment schedule and other course requirements. The suspension and subsequent termination were valid, and the applicant’s claim for damages was dismissed.

The court examined the terms of the agreements between the parties, the Academy's procedures manual, and the conduct of the applicant. It held that the Academy did not vary the procedures by express or implied agreement. The court found that the Academy's decision to suspend and terminate the applicant was justified due to her failure to meet the payment and course requirements. The applicant's request to undertake international examinations midyear, instead of at the end of the calendar year, and the failure to pay the international examination fee before confirming the booking, further contributed to the Academy's decision. The court concluded that the Academy did not breach or repudiate any essential term of the agreements, and the applicant's claim for damages was dismissed.