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ARTICLE · 30 SEPTEMBER 2012

Educational Malpractice – why are such cases rare?

The difficulty in educational malpractice cases is establishing negligence and that negligence caused damage or loss.

AustraliaLitigation, Mediation & Arbitration

Summary - It is very difficult for a disgruntled student to succeed in an educational malpractice claim

It is rare to see cases of educational malpractice especially when compared to claims alleging negligence against other professionals such as medical practitioners, lawyers, valuers, accountants and financial advisers.

So, when a case is brought, it often receives publicity such as the case recently before the Victorian Court and Administrative Appeals Tribunal between Geelong Grammar School and a former student. The former student is seeking compensation for fees paid and relocation costs because she blames the school for failing Years 9 and 10 Mathematics and missing out on enrolment in law at Sydney University. The former student alleges that she drastically turned around her exam results after enrolling at Crows Nest TAFE in Sydney. Geelong Grammar School is defending the claim.

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