Mt Tamborine State School $1m defamation trial: Judge puts parents on notice

It’s set to be one of Queensland’s most extraordinary legal battles, where a group of former school parents accused of defaming the principal will fight for their livelihoods, while the headmistress fights for her reputation. But the judge has already had to step in.

THEY are orders more likely to be barked in a classroom than a court of law.

But ahead of one of Queensland’s most extraordinary legal battles, a judge has warned that she won’t put up with “carrying-on” or grandstanding.

A group of former school parents are accused of defaming a Gold Coast school principal and will this week face trial, where they will fight for their livelihoods, while the headmistress fights for her reputation.

Tamborine Mountain State High School principal Tracey Brose’s suspension nearly four years ago has become the key issue in what is expected to be a colourful defamation trial, which is set to kick off on Tuesday.

The trial is expected to reveal the tightly held secret of why Mrs Brose was suspended from her job at the only state high school in Mount Tamborine, a community of about 7000 people.

Mt Tamborine State School Principal Tracey Brose who is suing students parents and friends for defamation in the district court. Picture: Jason O'Brien

The judge presiding over the long-awaited trial has warned all the parties that she would not allow “scandalous unfounded allegations to be thrown about”.

Mrs Brose is suing five parents for a total of more than $1 million, alleging they defamed her on Facebook and in a Change.org petition in 2016.

She has settled her claim against two parents.

Only four parents – nurse Donna Baluskas, data technician Miguel Baluskas, grocery merchandiser Laura Lawson and aged-care nurse Charmaine Proudlock – are taking an active part in the case, as parent Trudie Arnold has been bankrupted.

In some posts, Mrs Brose was called “evil” and a “a lying, manipulative bully, who gets off by belittling as many people as she can”, according to court documents.

SCHOOL’S IN

● Trial runs October 8-25

● Total 51 witnesses (16 for Tracey Brose, three for Donna Baluskas, 20 for Miguel Baluskas, two for Laura Lawson, nine for Charmaine Proudlock)

● Tracey Brose will be giving her evidence for two days. Her cross-examination will then stretch out over more than a day.

The Change.org petition was aimed at collecting signatures to encourage then-education minister Kate Jones to reinstate Mrs Brose to her job as principal after she was temporarily suspended on full pay in February 2016. Mrs Brose was subsequently fully cleared and reappointed.

All the parties were last week warned by District Court Judge Catherine Muir to behave during the trial.

“I expect everyone in the courtroom to be treated with respect and there to be no carrying-on in this courtroom that I’m presiding over, and that I want to make clear, that I’m not going to be allowing scandalous unfounded allegations to be thrown about in this courtroom,” Judge Muir told the parties in court in Southport on Tuesday.

“I expect when witnesses are giving evidence or other people cross-examining, there will be no whispering at the bar table, no laughing, no carrying on, and everyone in the courtroom is treated with respect and dignity,” Judge Muir said.

Donna Baluskas and Laura Lawson who are involved in a legal dispute with Mt Tamborine State School Principal Tracey Brose. Picture: Jason O'Brien

She also said at a later hearing that there was a concern that the parents may “grandstand” during cross-examination of Mrs Brose by putting “very harmful things” to her in questioning.

Judge Muir made the comments after one of the parties was heard to laugh during an in-court telephone conference to prepare for the trial last month.

None of the parties admitted they were responsible for the outburst.

While Mrs Brose, and one parent, Charmaine Proudlock, have legal counsel representing them in the case, the remainder of the parties are self-represented.

Mr and Mrs Baluskas hung up their phones in frustration during a hearing in court last week after Mrs Baluskas failed in an application to Judge Muir.

Mr Baluskas compared the case to “a kangaroo court” and Mrs Baluskas submitted there was “no point” in her and her husband attending the hearing because “we don’t have a defence”.

Judge Muir was also careful to warn the parents and Mrs Brose that they needed to reveal, ahead of time, the testimony to be given by each witness.

“We don’t have trial by ambush,” Judge Muir warned them.

When the case begins on Tuesday morning, Judge Muir’s first job will be to rule on whether Mrs Brose should be forced to hand over confidential documents about her suspension as principal to Mrs Proudlock’s legal team.

Michael De Waard, barrister for Mrs Proudlock, told the court last week that Mrs Brose’s lawyers had “refused” to hand them over, claiming that the education department had told her not to disclose the documents and also that it was “too late” in the case, and also that Mrs Brose had public-interest privilege over the documents.