A parent has claimed a Canberra private school had unfair terms in its enrolment contract in a dispute over unpaid school fees.
The proprietor of Brindabella Christian College, Brindabella Christian Education Limited, claimed the parent owed the school $3785.20 in fees after their children were withdrawn from the school at the end of the 2019 school year.
The school filed an application in the ACT Civil and Administrative Tribunal claiming the parent owed fees for Term 1 of 2020 after failing to give one term of notice before withdrawing their children.
In a hearing on Friday, the parent, who cannot be named to protect the identity of children, argued the term in the contract which stated fees would be owed in lieu of one term of notice was unfair under Australian Consumer Law.
They claimed the school would not suffer a loss if children were withdrawn at the end of an academic year and there was no opportunity for parents to resign the contract at the end of each year.
Senior Member Elspeth Ferguson said the onus was on the school to prove that the term in the contract was reasonably necessary to protect their interests.
The school argued the contract was not a consumer contract under Australian Consumer Law.
Board chair Greg Zwaigenberg said the school needed to know the number of returning students for budget and planning purposes.
Senior Member Ferguson will give a written decision within 90 days.
