Newington College taken back to court over co-ed move

A current Newington College student who sued his private school over its plan to become fully coeducational will appeal a Supreme Court decision that found in favour of the college.

Late last year, the pupil – known only as student A – commenced legal action alleging the school’s council contravened the terms of its 19th-century charitable trust by implementing its plan to enrol girls from next year.

The high-profile legal case ultimately hinged on the interpretation of a single word – “youth” – which was contained in the college’s original deed of indenture.

During a hearing in May, lawyers for the student and opponents of co-ed argued the word “youth” in the Stanmore school’s founding trust document was “limited to the advancement of education of boys and young men”.

Justice Guy Parker ruled in favour of the school, concluding that “youth” in the 1873 trust deed was used in a gender-neutral sense and “does not mandate male-only enrolment at the college”.

However, opponents to co-ed announced on Friday morning that student A is set to commence an appeal over the decision.

“We have been informed that Student A, by his tutor, Mr Peter Johnston, has commenced an appeal in the court in relation to proceedings against the Council of Newington College,” the Save Newington College group said in a letter to supporters.

“The appeal challenges the court’s decision to allow Newington to transition the college to coeducation. Further updates will be provided as they become available. We extend our best wishes to Student A in the conduct of these proceedings.”

The student’s original civil suit was supported and funded by the Save Newington group, a coalition of old boys and parents opposed to the co-ed move.

In a statement, Newington’s chief operating officer, Ross Xenos, said the college received notice that an appeal had been lodged challenging the court’s ruling that “affirmed our ability to move to co-education”.

“We will be seeking for this appeal to be dismissed as expeditiously as possible by the court, and we remain both excited and committed to welcoming girls and boys to our prep schools next year,” Xenos said.

The announcement from Save Newington said student A was “deeply grateful to the many old boys, former and current staff, parents that have supported his efforts. Their encouragement was invaluable in defending the traditions, values, and character that have made Newington a respected institution in Australian education.”

In his judgment in May, Parker wrote that he was presented with extensive extracts from historic dictionaries including Barclay’s, Webster’s and The Imperial Dictionary for guidance on the meaning of some terms in the deed and the word “youth”.

“In my opinion the meaning of the term ‘youth’ in [clause three] of the deed is unambiguous,” Parker said in his judgment.

The 162-year-old inner west college first unveiled its plan to become fully co-ed in a letter to parents in November 2023. The decision sparked intense backlash and protests from parents and anti-co-ed alumni who have spent almost two years lobbying to have the decision reversed.

Despite the legal action, the school is forging ahead with $110 million in major building upgrades ahead of the co-ed transition and has started enrolling kindergarten and year 5 girls for next year.

The school is set to be fully coeducational school by 2033.

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