A Sydney inner west private school says it will continue with its plans to welcome girls from next year, as a student pursues an appeal against the school’s successful defence of its coeducation policy.
According to news.com.au, Chief operating officer of Newington College, Ross Xenos, confirmed the college would seek to have the appeal dismissed.
“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 Stanmore school announced in 2023 that it would become fully coeducational by 2033, beginning with the enrolment of girls in kindergarten and year five from 2025 at its Stanmore and Lindfield campuses. The decision has been met with protests from some old boys and current parents.
One current student, known as Student A, launched Supreme Court action last year arguing that the college’s move violated its 1873 deed of trust. The case centred on whether the term “youth” in the deed referred only to boys.
In May, Justice Guy Parker dismissed the lawsuit, finding the word was used in a gender-neutral sense.
“I have concluded that the word ‘youth’ in the 1873 Trust Deed was used in a gender-neutral sense, and does not mandate male-only enrolment at the college,” Justice Parker wrote.
On Friday, advocacy group Save Newington College announced that Student A, through his tutor Peter Johnston, had lodged an appeal. The matter was mentioned briefly in court on Monday.
Registrar Peter Onisforou told the court that Student A must clear a legal hurdle before being allowed to proceed.
“These proceedings should have been commenced by summons seeking leave to appeal,” Onisforou said. “So that’s your first hurdle.”
Barrister Denis Barlin, for Student A, argued the appeal could proceed without leave.
“It’s our view that we do have a right to appeal, registrar,” Barlin said. “Our view is that given the value of the trust property is over $100,000, our view is that the provisions in relation to seeking leave to appeal don’t apply and we’ve got a right without seeking leave.”
Onisforou replied: “Your appeal is in relation to the definition of the word youth. Not in relation to the trust property which may well be worth more than $100,000.”
The appeal is set for hearing on October 14.