Dears I have scholarship and I arrived in Brisbane on July 2014 and started my general English Learning in July 2014 at

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Customer: DearsI have scholarship and I arrived in Brisbane on July 2014 and started my general English Learning in July 2014 at Queensland University of Technology (QUT). I completed the learning English in October 2015.I started my PhD journey on November 2015. I have an offer from QUT (23 November 2015 to 22 November 2019) to get PhD
I completed successfully my Stage two in February 2016 and PhD Confirmation of Candidature Seminar in November 2016.
In the fourth year (May 2019) of my PhD and in the last exam, QUT terminated me from my study. They claimed that my work is in a low quality.
In June 2020, I made claim on QUT in Supreme Court in Brisbane, but my claim was dismissed. Therefore, I want to appeal it.The Court did not consider the circumstances of my study. Here in Australia, I have family (my wife and three children). Two of my children are studying in school (one in prep. and the another in grade 2), and some time, I should drop them off or pick them up to/from school. Also, we had a newborn baby last year, and my wife gave birth by caesarean. We do not have any other members of family in Australia, and I was very busy to help my wife and children during this time. Before and after giving birth, I had to help my wife at home and hospital, like looking after our children and doing other housework. Also, I have a contract with my sponsor, and in this contract is mentioned that if I fail in getting PhD degree, I must return all the money which spent on mine and my family during English learning and PhD research back to my sponsor. Other consequences can happen and affect my life, including the termination from my job in Iraq as a lecturer at Southern Technical University. I hope you consider my situation and place me in QUT process to finalise my PhD degree.QUT placed sanctions on my account too many times because outstanding fees, and sometimes QUT did not send Tax Invoices to my sponsor on time. Some sanctions were placed for several months. When sanctions were placed on my account, I could not borrow books and other items from library and could not get an access for many facilities and labs. Sometimes, I asked my friends for help to borrow books and items from library.
I need some advice in:1- Which law in court has a power to review my case?
2- how can I write my appeal?Regards
Neamah
Answered by John Melis in 5 mins 2 years ago
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John Melis, Expert

Hi, I’m John, solicitor, and reviewing your post, and may need to ask a few questions a long the way to assist you.

With regard to the information you have provided, is there any specific aspect that you consider is the most important part that you require addressed.

Customer
Hi
I want to know which law in Brisbane, QLD can help to review the process of the University due the circumstances?
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John Melis, Expert

The University has its own jurisdiction in some respects regarding appealing decisions of the University at self but if you want to appeal the decision of the university you'll need to take it directly into the court on the basis of some form of breach of contract if that's the argument you're pursuing. How do you issued already a notice to the board on this particular matter disputing the circumstance and seeking an appeal from the board

Customer
The university did not consider my circumstances during my study!
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John Melis, Expert

Before raising any claim, you must seek a review by the board in written form. If the board reject the review, then you can move the next step and go to the court

Customer
I know but it is so expensive and I can not afford that, so I am want prepare the appeal by my self!
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John Melis, Expert

Totally understand your situation just put a case together in a chronological order, then submitted to the faculty board first seeking a review, then at the faculty board rejected, then you raise your proceedings in the court

Customer
Thank you. I did all that and my university terminated me from my study. Then, I went to Supreme court and the Judge dismissed it!
I explained that in above!
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John Melis, Expert

Can you upload a copy of the order from the court so I can see it

Customer
Got it?
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John Melis, Expert

What were the respondents costs in the proceedings

If you prefer to talk on the telephone, I have sent you a special offer of $8.00 to assist you in more detail, as it will make it easier to discuss your matter. I kindly request that you complete the details on the offer, and we can talk straight away as you need. Otherwise, we can keep chatting in this box.

Customer
The Judge made this order to pay the defendant cost!
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John Melis, Expert

How much was the cost order

Customer
I dot know!
Can you advice me how to prepare my appeal?!
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John Melis, Expert

If you prefer to talk on the telephone, I have sent you a special offer of $8.00 to assist you in more detail, as it will make it easier to discuss your matter. I kindly request that you complete the details on the offer, and we can talk straight away as you need. Otherwise, we can keep chatting in this box.

Customer
I prefer chat if you do not mind.
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John Melis, Expert

Appealing the supreme court requires a fact of law to appeal. That means you need to identify a particular issue in the judgement prescription that is the transcript from the court in order to determine exactly what aspect of law you can appeal. Once you have the transcript and you can work out that particular point.

Customer
How do I get transcript?
Do you mean what the Judge said in the hearing?
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John Melis, Expert

You apply to the court for the transcript.

The transcript is everything that was said in the court room

Customer
OK, thank you.
Can you advice which law allow to review a decision of a university?
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John Melis, Expert

Your matter was before the Supreme Court. So whatever the situation was with the university becomes irrelevant. You need to focus on the Supreme Court and the Transcript of the court defined the element of law which the court erred on in this particular regard

Customer
Ok, you mean I dot mention any thing about my university, and I need to focus only on the decision of supreme court. Right?
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John Melis, Expert

You focus on the court, Supreme Court, and what error they made in their decision-making under the legal aspect point of law

Customer
The Court did not consider the circumstances of my study.
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John Melis, Expert

This is not an element of law. You can only work out which is an element of law once you've got the transcript

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