The school is invoicing a full term after your child’s withdrawal. They billed for services that were not delivered. The enrolment contract clauses look one-sided. They have referred the account to debt collection.
The legal context
Private school enrolment is a consumer contract for services. The Australian Consumer Law applies: section 60 (due care and skill), section 61 (fitness for purpose) and section 18 (misleading conduct). The unfair contract terms regime in Part 2-3 of the ACL also catches one-sided enrolment contract clauses, particularly those that impose disproportionate fees on withdrawal.
Schools are also bound by sector-specific regulation through their state education department and (for non-government schools) federal funding compliance. Disputes that involve discrimination, complaints handling failures, or a child’s wellbeing may also engage state ombudsman or anti-discrimination bodies.
Common pushbacks and why they fail
- “You signed the enrolment contract.” Signature does not save terms that are unfair under the ACL.
- “A full term’s notice is required.” A blanket full-term fee may be an unfair penalty rather than a reasonable cancellation charge.
- “It is a charity, not a consumer transaction.” Tuition for fee is a consumer transaction regardless of structure.
- “Debt collection is now in our solicitors’ hands.” Counter-correspondence to the school and its solicitors keeps the dispute on file.
The Letter of Demand approach
The Letter of Demand identifies the enrolment, the disputed fees, the unfair contract term or service failure, the ACL provisions engaged, and a 14-day deadline. It names your state Fair Trading body and the relevant small claims tribunal as the escalation path, and is suitable to send to both the school and any debt collector that has been engaged.
What Claim Done delivers
- School details, enrolment dates, fees paid and disputed
- The specific failure or unfair term
- Citation of the ACL sections, including the unfair contract terms regime
- Refund or write-down claimed
- 14-day deadline with named escalation path
- Sent on letterhead for a flat $79
What to expect after
Many schools negotiate quickly when a formal letter exposes an unfair term — they would rather not have a tribunal record on it. If they don’t, escalate to your state Fair Trading body and file a small claims application in NCAT, VCAT, QCAT, SACAT, SAT, ACAT or NTCAT.