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You are a graduate lawyer working in the public law section of a national law firm. The firm acts for Griffith University (the University). The University has excluded a student from a degree program on the grounds of academic misconduct in circumstances (including as to the legislation and regulatory framework) identical to those in the case of Griffith University v Tang (2005) 221 CLR 99 (Tang).
You have been asked to write a letter of advice to the University as to whether the University’s decision is amenable to an order in the nature of certiorari (or, other remedy) under Part 5 of the Judicial Review Act 1991 (Qld). Although you are being asked to assume the facts in Tang, you should advise both on the basis that the relationship between the University and the student is consensual as well as consider how your advice would differ, if at all, if the relationship were held by the court to be contractual.
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