Gipalis, O. & Anor v. Schnierer, K.O. [1987] FCA 374

Gipalis, O. & Anor v. Schnierer, K.O. [1987] FCA 374

A student undertaking a Bachelor of Arts course at the University College of the Northern Territory, where the degree is awarded by the University of Queensland and the University is involved in the academic process, is to be regarded as undertaking a course at a university for the purposes of s.10 of the Student Assistance Act 1973.

Parties
First Applicant: Odysseus Gipalis; Second Applicant: The Attorney-General for the Northern Territory of Australia; Respondent: Karen Schnierer
Jurisdiction
Australia
Judgment Date
09 July 1987
Procedural Posture
Application for Declaratory and Ancillary Relief / Final Judgment at First Instance
Outcome
Declaration made in favour of the applicant. Respondent ordered to pay applicants' costs.
Legal Topics
Student Financial Assistance, Statutory Interpretation, Eligibility for Educational Grants
Education Law Administrative Law Student Financial Assistance Statutory Interpretation Eligibility for Educational Grants

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Parties

Odysseus Gipalis

First Applicant

The Attorney-General for the Northern Territory of Australia

Second Applicant

Karen Schnierer

Respondent

Procedural Posture

Application for Declaratory and Ancillary Relief / Final Judgment at First Instance

Legal Issues

  1. 1 Whether a student enrolled at the University College of the Northern Territory, proceeding to a B.A. (Q.), is undertaking a tertiary course at a university within the meaning of s.10 of the Student Assistance Act 1973

Ratio Decidendi

A student undertaking a Bachelor of Arts course at the University College of the Northern Territory, where the degree is awarded by the University of Queensland and the University is involved in the academic process, is to be regarded as undertaking a course at a university for the purposes of s.10 of the Student Assistance Act 1973.

Court Disposition

Declaration made in favour of the applicant. Respondent ordered to pay applicants' costs.

Orders

  • Declare that, for the purposes of s.10 of the Student Assistance Act 1973, the first applicant is undertaking a course of study that the Minister has determined is a tertiary course at an education institution, namely, The University of Queensland.
  • Liberty to the first applicant to apply, on seven days' notice, for further relief if so advised.