Bombshell decision in principal v parents defamation battle
There have been hysterical scenes outside court after a bitter defamation battle between Tamborine Mountain State High principal Tracey Brose and the parents of several students took a bombshell turn that ended with people wailing in the street and a judge slapping down those involved. ROLLING COVERAGE >>
Vanda Carson Tanya French Greg Stolz and Jeremy Pierce
3 min read
February 28, 2020 - 2:00PM
There have been hysterical scenes outside of court after a bitter defamation battle between Tamborine Mountain State High principal Tracey Brose and the parents of several students took a bombshell turn ending with people wailing in the street and a judge slapping down those involved.
Judge Catherine Muir handed down her decision this morning after Mrs Brose sued several parents for defamation over comments they made about her on social media.
Two parents - Donna and Miguel Baluskas - were ordered to pay $3000 each in damages while the case against two other parents was dismissed.
But Judge Muir also criticised Mrs Brose's evidence saying she often found it 'troubling' and 'at times her responses were less than transparent and beggared belief".
"I do not accept the Plaintiff as a reliable historian," she said in relation to part of Mrs Brose's evidence.
An emotional Donna Baluskas hugs a supporter outside court. Photo: Adam Head
The amount of damages being sought by Mrs Brose varied throughout the three year case but, in total, amounted into the hundreds of thousands.
Things took a dramatic turn outside court with Mrs Baluskas in hysterics when a woman approached her claiming to be a fellow ex-Tamborine parent and saying her own son had committed suicide.
Donna Baluskas clutches the woman who approached her while Tracey Brose gave a statement outside court. Photo: Adam Head
It sparked Mrs Baluskas to erupt into wailing tears, hugging the woman.
Mrs Baluskas, who was vocal about the toll of the case outside court, continued to wail uncontrollably as she walked away from the courthouse with supporters.
Holding placards saying 'Sack Tracey Brose now', a furious Donna and Miguel Baluskas slammed the judgment saying: All we did was stick up for our children,” Mrs Baluskas said.
“She (Mrs Brose) can send her bill, she can stick it up her a**e.”
Judge Muir awarded such a low amount of damages to Mrs Brose because she found that Mr and Mrs Baluskas's online comments caused "very confined" damage to Mrs Brose's reputation.
Miguel Baluskas was found to have defamed Mrs Brose when he posted that she "is unjust" and she "is not interested in children that are not high achievers" to at least 200 people online.
However Judge Catherine Muir ruled the defamatory meaning of Mr Baluskas's comments were found to be "at the lower end of seriousness".
She also took aim at all parties involved saying: "All of the parties who gave evidence before me failed to impress me as credible and reliable witnesses."
She said the “sad reality” is well illustrated by this case.
"The fiscal and emotional toll on all those involved has been high. It has involved many hours, many witnesses and caused much antagonism and distress for all parties," she said.
Donna Baluskas hugs a former Tamborine Mountain High school parent, while Tracey Brose is pictured walking into court.
Tamborine Mountain high school principal Tracey Brose said outside court she feels vindicated and would do it all again, despite being awarded just $6000 in a landmark defamation case against disgruntled school parents.
“Yes it might be an error and yes you might have had poor judgement in doing it, but the reality is, if it was that, then you apologise when you found out it hurt the person - you retract and you take it back.
“It’s been four years of a mission to actually destroy us."
Tracey and Peter Brose leave court after the decision. Photo: Adam Head
Tamborine Mountain State High principal Tracey Brose speaks outside court. Photo: Adam Head
Four parents settled the case out of court but a bitterly-fought trial unfolded between Mrs Brose and parents Donna and Miguel Baluskas and Laura Lawson which divided the community of 7000 people on Mount Tamborine in the Gold Coast Hinterland.
Parents Donna and Miguel Baluskas and Laura Lawson arrive at Souhtport court today. Photo: Adam Head
LIVE BLOG RECAP: SCROLL DOWN TO THE BOTTOM OF THE STORY TO SEE HOW IT UNFOLDED IN COURT TODAY
The drama began when Donna Baluskas and other parents allegedly made derogatory comments about Ms Brose on Facebook, prompting Mrs Brose to start legal action against eight parents.
Tracey Brose has sued several parents including Donna and Miguel Baluskas
LIVE BLOG RECAP: SCROLL DOWN TO THE BOTTOM OF THE STORY TO SEE HOW IT UNFOLDED IN COURT TODAY
Ian Martin reached an out-of-court settlement with Mrs Brose in May 2017, agreeing to pay her $20,000, Ken Veasey settled the case and paid Mrs Brose $70,000, Kerri Ervin settled rather than go to trial and paid more than $90,000, school lollipop lady Trudie Arnold declared bankruptcy and Charmaine Proudlock reached a settlement and did not have to pay a cent.
Today, Donna and Miguel Baluskas were both ordered to pay $3000 each in damages and were gagged from defaming Mrs Brose again.
The case against other parents Laura Lawson and Trudie Arnold (who declared herself bankrupt and did not participate in the trial) was dismissed.
Judge Catherine Muir said each party should cover their own legal costs.
The fallout for nearly everyone involved has been nothing less than Shakespearean: Families bankrupted and an idyllic Queensland community torn apart.
LIVE BLOG RECAP: SCROLL DOWN TO THE BOTTOM OF THE STORY TO SEE HOW IT UNFOLDED IN COURT TODAY
Updates
Judge warns about perils of social media
Tanya Westthorp
Judge Muir said this case served as a timely reminder about the perils of social media
"Ultimately this case serves to highlight two significant matters:
(a) first, the often unforeseen consequences that can arise for those who choose to engage in online discussion forums – particularly those who wish to speak their mind through personal and abusive attacks without any measure or respect for civil engagement but also to the recipients of such purges who seek re-dress through the courts; and
(b) secondly (and this is not a novel proposition), the ubiquitous nature of online discussion forums raise a myriad of complex legal issues in the context of the law of defamation (and more broadly) which warrant considerable legislative focus and solution.
Judge says all parties 'failed to impress me'
Tanya Westthorp
Judge Catherine Muir took aim at all the parties involved in the case saying: "All of the parties who gave evidence before me failed to impress me as credible and reliable witnesses."
Judge Catherine Muir's appearance in court was short and sweet, she made the orders and adjourned the court within about three minutes. However, there is a long written judgment which we will now bring you details of. Stay tuned! **Edit** Here is the link to the full judgment https://archive.sclqld.org.au/qjudgment/2020/QDC20-015.pdf
Judge says it was a 'sad case' that took 'emotional toll'
Tanya Westthorp
Judge Muir said it had been a 'sad' case.
"The fiscal and emotional toll on all those involved has been high," she said.
"It has involved many hours, many witnesses and caused much antagonism and distress for all parties."
Judge Muir said the damages she had awarded to Ms Brose were 'modest and well below what the plaintiff has sought'.
"But I consider them sufficient to vindicate the plaintiff in light of the unique contextual features of social media forums," she said.
"I am satisfied that there is a real risk of further publication of the defamatory comments made by the first and second defendants, so I have ordered that they be permanently restrained from making them again."
The judge said defamation law sought to strike a balance 'on the one hand, society’s interest in freedom of speech and the free exchange of information and ideas from all parts of society, and, on the other hand, an individual’s interest in maintaining his or her reputation in society free from unwarranted slur or damage'.
"Defamation laws vary from country to country but courts and legal scholars worldwide have recognised the struggle to achieve this balance, and acknowledged that the growing body of case law involving Facebook and other social media platforms 'require[s] courts to map existing defamation doctrines onto social media fact patterns in ways that create adequate breathing space for expression without licensing character assassination'," she said.
– Greg Stolz
Parent Donna Baluskas wails outside court with a woman who approached her claiming her son had also attended Tamborine Mountain State High and had committed suicide
Why such low damages? Judge Muir explains
Tanya Westthorp
Judge Muir awarded such a low amount of damages to Mrs Brose because she found that Mr and Mrs Baluskas's online comments caused "very confined" damage to Mrs Brose's reputation.
Miguel Baluskas was found to have defamed Mrs Brose when he posted that she "is unjust" and she "is not interested in children that are not high achievers" to at least 200 people online.
However Judge Catherine Muir ruled the defamatory meaning of Mr Baluskas's comments were found to be "at the lower end of seriousness".
– Vanda Carson
Tamborine Mountain State High principal Tracey Brose said it was about taking a stand. “I need to say to people, ‘you don’t have a right’,” she said. “Yes it might be an error and yes you might have had poor judgement in doing it, but the reality is, if it was that, then you apologise when you found out it hurt the person – you retract and you take it back. “I’m not concerned about the money.
“It was never about money and it was never going to end in money.
“Would have loved an apology and would have loved a retraction… from the very beginning and we all wouldn’t have ended up here.”
“Whether it’s $3000 or $300,000, the important part is that someone has said you can’t do this to people.”
She said if parents had any issue with her methods, to take it up with the school.
“Don’t go online,” she said.
“It is a lesson to be learnt and it has cost us a lot of money.
“If it has cost us hundreds of thousands of dollars, then that’s what it is.”
– Jeremy Pierce
Principal Tracey Brose says it's about taking stand
Tanya Westthorp
Tamborine Mountain State High principal Tracey Brose said it was about taking a stand. “I need to say to people, ‘you don’t have a right’,” she said. “Yes it might be an error and yes you might have had poor judgement in doing it, but the reality is, if it was that, then you apologise when you found out it hurt the person – you retract and you take it back. “I’m not concerned about the money.
“It was never about money and it was never going to end in money.
“Would have loved an apology and would have loved a retraction… from the very beginning and we all wouldn’t have ended up here.”
“Whether it’s $3000 or $300,000, the important part is that someone has said you can’t do this to people.”
She said if parents had any issue with her methods, to take it up with the school.
“Don’t go online,” she said.
“It is a lesson to be learnt and it has cost us a lot of money.
“If it has cost us hundreds of thousands of dollars, then that’s what it is.”
– Jeremy Pierce
Donna Baluskas wails outside court
Tanya Westthorp
Parent Donna Baluskas wails outside court with a woman who approached her claiming her son had also attended Tamborine Mountain State High and had committed suicide
Tracey Brose reacts
Tanya Westthorp
Tamborine Mountain high school principal Tracey Brose says she feels vindicated and would do it all again, despite being awarded just $6000 in a landmark defamation case against disgruntled school parents.
Speaking to media outside the court, Mrs Brose said “it was never about money”.
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