University of Queensland v Y

The case of University of Queensland v Y involved a dispute between a university and a former student, Y. Y had been subject to a disciplinary proceeding by the university which was restrained by a permanent injunction in the Trial Division. The university sought to have the injunction set aside so that the disciplinary process could resume. Y argued that, having graduated, he was no longer subject to the university's disciplinary regime. The court had to decide whether, on the correct construction of the university's policies, Y remained subject to the disciplinary regime and whether the injunction should remain in place.

The court held that the injunction should remain in place and the appeal against that order should be dismissed. The court agreed with the primary judge's analysis that the allegations against Y were specific allegations of sexual assault that could be categorised as a number of counts of sexual assaults, rather than merely allegations of harassment or bullying. The court also agreed with the primary judge's characterisation of the allegations and considered that "any determination of whether the policies of the University had been breached as particularised and as referred to the Board could only be determined after there had been a determination as to whether a criminal offence of [a] sexual nature has been committed."

The court considered the correctness of the judgment of the primary judge and concluded that the question should be considered. The court noted that the question raised by the university's appeal was fully argued and had a potential importance for cases beyond the present one. The court also noted that the university had been ordered to pay Y's costs of the proceeding at first instance and that the correctness of the judgment had a significance that went beyond this case.

The court ordered that the appeal against Order 1 made on 21 November 2019 be dismissed and that the appeal against Order 2 made on that date be allowed and that order be set aside. The court also ordered that within 14 days of the delivery of this judgment, each party file and serve written submissions, not exceeding three pages in length, as to the costs in the Trial Division and of this appeal.