Share on LinkedInShare on LinkedIn

ARTICLE · 02 OCTOBER 2019

Traps in fee recovery

Interesting case in which school attempted and failed to recover school fees.

AustraliaCorporate/Commercial Law

Ben (not his real name) started at Christian Brothers College Adelaide in 2009. His mum signed the enrolment document. By 2018, the School was suing mum for almost $20,000 for unpaid tuition and related fees and debt recovery costs. Judgment was entered in the School's favour in early 2019 and mum sought unsuccessfully to have the judgment set aside. She tried again and failed. Basically, the magistrate did not think that she had an arguable defence. Mum then appealed to the Supreme Court of South Australia.

Through to the end of Year 9, at the end of 2015, Ben was a successful student and had a good relationship with his mum and stepfather. However, there was a dramatic change in 2016 while Ben was in Year 10. For a period, mum and her husband lost contact with Ben and mum blamed "interference" by the School and, in particular, a school counsellor for this. They then discovered that he was staying at a Baptist Church run facility but were unable to contact him. They

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

See more popular content from