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FirstPoint update: The new Education title in Westlaw AU

Content updates

The Education title in FirstPoint on Westlaw AU encompasses cases on numerous aspects of the Australian system of education from early childhood education to the tertiary level. This has been an expansion of the title which previously did not include early childhood education and care institutions. The new title is comprised of:

  • registration, composition, duties and governance of educational institutions
  • student representation, complaints and discipline
  • registration, conditions of employment and discipline of educators, whether they be teachers, lecturers, academics, carers or staff of institutions
  • negligence that arises in the relationship between students, educators and institutions
  • ownership and breaches of intellectual property as between students, educators and institutions

It is important to note that cases dealing with the employment of teachers generally remain in the titles industrial law, public service, superannuation and workers' compensation. Cases dealing with working with children checks and the like remain within industrial law.

The title is broken up into five major components:

  • Institutions
  • Students
  • Educators
  • Negligence
  • Intellectual Property 


The inclusion of Early Childhood Education and Care has been an important addition to the Education title. Cases dealing with the registration of childcare centres and providers are now kept under this classification.

Other institutions in this title include:

  • government and non-government schools
  • home schools
  • universities and other tertiary institutions


This part of the Education title encompasses cases dealing with students from early childhood education through till tertiary students and is comprised of:

  • student representative bodies
  • complaints
  • discipline


The registration, employment conditions, and disciplinary matters of teachers, lecturers, academics, carers, and staff of institutions can be found here.


This part covers the negligence of institutions and educators as well as contributory negligence. General negligence principles remain in our Torts title.

Intellectual property

Both cases on the question ownership and breaches of intellectual property can be found in this part of the title. Copyright, Patents and breaches of Intellectual property intimately connected with education. Cases simply occurring at a place of education remain in the Intellectual Property title.




By Christine Eldabbagh
Legal Editor

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