Mbuzi v Griffith University [2014] FCA 1323

FEDERAL COURT OF AUSTRALIA

Mbuzi v Griffith University [2014] FCA 1323 Citation: Mbuzi v Griffith University [2014] FCA 1323

Parties: JOSIYAS MBUZI v GRIFFITH UNIVERSITY

File number: QUD 479 of 2013

Judge: COLLIER J

Date of judgment: 5 December 2014

Catchwords: CONSTITUTIONAL LAW – implied freedom of political communication – applicant doctoral candidate at university had candidature terminated – applicant alleged content of thesis critical of government policy used as ground for termination – whether candidature terminated on such a ground – application of implied freedom – constraint upon legislative and executive power – implied freedom does not confer personal rights – Lange v Australian Broadcasting Corporation (1997) 189 CLR 520 – alleged breach of constitutional right of due process – whether claim referable to any right conferred by the Constitution CONSUMER LAW – whether breach of unconscionable conduct provisions – ss 20, 21 and 22 Australian Consumer Law – whether provision of supervision services to doctoral candidate in trade and commerce – whether university acted unconscionably in terminating applicant's candidature – where applicant alienated staff members qualified to supervise applicant's thesis – where no academic at university able and willing to supervise applicant's thesis CONTRACTS – whether relationship between university and doctoral candidate contractual – Griffith University v Tang (2005) 221 CLR 99 PRACTICE AND PROCEDURE – application for vexatious proceedings orders – s 37AO Federal Court of Australia Act 1976 (Cth) – whether applicant has frequently instituted or conducted vexatious proceedings in Australian courts or tribunals – where applicant prohibited from instituting proceedings in any Queensland court under s 6 Vexatious Proceedings Act 2005 (Qld) – whether respondent has standing to bring application – s 37AO(3) Federal Court of Australia Act 1976 (Cth) – whether present proceedings vexatious – where applicant has history of joining persons as individuals to litigation involving actions taken in official or agency capacity for purposes of intimidation – where applicant in correspondence threatened action against staff of university for actions related to present proceedings