University of Newcastle Triumphs in Tribunal, Dismissing Over One Hundred Victimisation Claims
Nine-year legal dispute ends as NSW Civil and Administrative Tribunal finds the bulk of complaints do not constitute unlawful victimisation
The University of Newcastle has successfully defended itself against more than one hundred claims of victimisation brought by a former PhD candidate, with the New South Wales Civil and Administrative Tribunal dismissing the cases on February 12, 2026. The protracted legal saga, which stretched nearly a decade, stemmed from a complaint made in 2017 alleging that the student’s supervisor engaged in inappropriate conduct that caused physical discomfort and embarrassment.
A separate tribunal ruling in 2022 upheld a single allegation of sexual harassment relating to a specific comment made by the supervisor.
Following that finding, the candidate initiated repeated challenges to virtually every administrative action taken by the university between 2018 and 2024, arguing that routine academic and managerial decisions—from workspace allocations, supervision arrangements and thesis examination processes to access to buildings and equipment—amounted to unlawful retaliation for her original complaint.
She further claimed that university lawyers had conflicts of interest because they were involved in advising on matters connected to her case.
In its defence, the University of Newcastle adopted what legal commentators have described as a multiplicity strategy, arguing that the sheer volume and diversity of complaints reflected the institution’s efforts to manage a complex and multifaceted situation rather than evidence of punitive conduct.
The tribunal accepted this reasoning, concluding that the decisions challenged were administrative responses to an unprecedented complaint load, not acts of victimisation.
While the applicant was granted confidentiality protections, all substantive victimisation claims were dismissed, providing clarity on how workplace and academic decisions should be assessed in multi-issue legal disputes.
The outcome is expected to have broader implications for how universities and other large institutions handle extensive, overlapping complaints without falling afoul of anti-discrimination laws.
By upholding the university’s approach, the tribunal has underscored that context, procedural necessity and legitimate administrative management must be weighed carefully against allegations of unlawful retaliation when institutions respond to complaint-related disputes.
A separate tribunal ruling in 2022 upheld a single allegation of sexual harassment relating to a specific comment made by the supervisor.
Following that finding, the candidate initiated repeated challenges to virtually every administrative action taken by the university between 2018 and 2024, arguing that routine academic and managerial decisions—from workspace allocations, supervision arrangements and thesis examination processes to access to buildings and equipment—amounted to unlawful retaliation for her original complaint.
She further claimed that university lawyers had conflicts of interest because they were involved in advising on matters connected to her case.
In its defence, the University of Newcastle adopted what legal commentators have described as a multiplicity strategy, arguing that the sheer volume and diversity of complaints reflected the institution’s efforts to manage a complex and multifaceted situation rather than evidence of punitive conduct.
The tribunal accepted this reasoning, concluding that the decisions challenged were administrative responses to an unprecedented complaint load, not acts of victimisation.
While the applicant was granted confidentiality protections, all substantive victimisation claims were dismissed, providing clarity on how workplace and academic decisions should be assessed in multi-issue legal disputes.
The outcome is expected to have broader implications for how universities and other large institutions handle extensive, overlapping complaints without falling afoul of anti-discrimination laws.
By upholding the university’s approach, the tribunal has underscored that context, procedural necessity and legitimate administrative management must be weighed carefully against allegations of unlawful retaliation when institutions respond to complaint-related disputes.
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