Sydney private school Newington College coeducation opponents have their day in Supreme Court

Old boys and their allies in opposing coeducation at one of Sydney’s most expensive private schools have finally had their day in the NSW Supreme Court. Here’s how it unfolded.

Newington College’s lawyers were forced to spend five hours debating the definition of the word ‘youth’ and the merits of 19th century dictionaries as opponents to the school’s move to coeducation finally had their long-awaited day in court.

The ‘Save Newington College’ coalition of old boys, parents of former students and current families enrolled in the $40,000 inner-west private school took their fight to retain Newington as a boys-only institution to the Supreme Court of NSW, bankrolling a civil suit brought by a current student.

‘Student A’, who is considered legally incapacitated as a minor with his case instead brought forward by Peter Johns, was represented at Thursday’s hearing by Michael Izzo SC.

Opponents to coeducation at the school claim the Council of Newington College and its 24 members “breached their fiduciary duties” by putting funds from the school’s charitable trust towards the introduction of female students, basing their legal arguments on one of the school’s founding documents.

In his submission Mr Izzo argued that the 1873 deed of indenture, which states the school’s purpose is to “provide an efficient course of education for youth” by its very definition omits girls, putting forward as evidence a tranche of nearly 500 contemporaneous news articles and 19th century dictionary definitions of the word ‘youth’.

Student A's barrister Michael Izzo SC. Picture: Eleven Wentworth/Supplied

Of the hundreds of examples contained in the lexicographic report commissioned from Australian National Dictionary Centre director Amanda Laugesen, only 13 per cent were “likely” to be gendered – referring only to boys – Newington council’s barrister Noel Hutley SC said.

Mr Hutley objected to the relevance of the 490-odd articles, arguing it would be a “wholly unorthodox way” of establishing “the construction of the deed” and “beyond oppressive for Your Honour to have to read”.

Independent private school Newington College in Stanmore. Picture: Justin Lloyd.

“It is really going to lead one down an interminable route of construing other documents,” he said.

Justice Guy Parker, however, allowed the full set of documents to be “admitted provisionally” in acknowledgment that “traditional instruments” like dictionaries do not necessarily reflect “common usage” of the language.

Central to the anti-co-ed case was the Barclays Complete and Universal English Dictionary of 1808 – the only one of several dictionary definitions, including Websters’ and the Imperial Dictionary of the English Language, taking ‘youth’ to exclusively men ‘young men’.

However the final version of the deed of indenture was not the first draft, with the defence arguing the existence of a prior version which specified the provision of education “to boys” was evidence the Newington’s founders intended for a more flexible definition of “youth”.

Parents and old boys opposing the Newington College’s switch to becoming a co-ed school staged a silent protest on day one of the 2024 school year. Picture: Richard Dobson

It would be “utterly illogical” to constrain the definition of youth to boys, Mr Hutley said, arguing “the very opposite must be conferred by the change in language” and that the plaintiff is taking a “completely aberrant approach” to the founders’ language.

“Not only did they choose gender neutral words, they offered no recitation to the construction that our learned friends insist upon,” he said.

The small courtroom was packed for the morning’s arguments with some three dozen seats filled by Newington old boys, journalists or other interested parties, however by the hearing’s fourth hour many had filtered out.

Despite the ongoing noisy opposition to its decision to go co-ed, the 162-year-old Stanmore school has forged ahead with its introduction of girls on its junior campus next year, launching a television advertising campaign and $110 million redevelopment plans.

Originally published as Sydney private school Newington College coeducation opponents have their day in Supreme Court