Judge’s extraordinary warning to Tamborine Mountain principal and parents in defamation trial

A judge has issued an extraordinary warning to a Gold Coast high school principal and the parents she is suing for defamation. It comes at the end of the trial’s second week.

A JUDGE has issued an extraordinary warning to a Gold Coast high school principal and the parents she is suing for defamation, saying they all faced adverse findings and the outcome ‘may not be what any of you are hoping for’.

Judge Catherine Muir made the comments at the end of the second week of the defamation trial as she urged the parties to try to thrash out a resolution.

Long-serving Tamborine Mountain State High principal Tracey Brose sued eight parents for allegedly defaming her in social media posts after she was mysteriously suspended from duty in February 2016 and later reinstated.

Tamborine Mountain State High Principal Tracey Brose leaves Southport Court after the first day of her defamation case. Picture: Adam Head

She has reached a settlement with four parents but another three are fighting the case. Another parent is still being sued but is not taking part in the trial as she has been declared bankrupt.

Mrs Brose, who was allegedly called a ‘nasty, evil woman’ and a ‘lying, manipulative bully’ in the posts, is seeking $220,000 from each of the remaining defendants.

Judge Muir told the parties she had formed some preliminary views about the case which Mrs Brose testified had already cost her more than $600,000.

“The position seems to be that the trial could continue for another two or three weeks,” the judge said.

“This means all you will be putting your life on hold and needing to take time off work. You will all incur costs that you will never recover.”

Judge Muir said she would be publishing a judgment at the end of the trial ‘and at this point I can tell you that I expect my findings will not reflect well on any of the parties in this case’.

“I expect that my findings may not reflect the outcome that any of the parties in this case are hoping for,” she said.

“I expect I will be making findings of credit that will reflect adversely potentially on all of you.”

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

Judge Muir said Mrs Brose had given evidence that all she wanted was an apology and an undertaking that the alleged defamation would not be repeated.

“It seems to me timely and prudent to all of you to take some time over the weekend to review your expectations about this case because as I have said, the outcomes may not be what any of you are hoping for,” she said.

“I want to encourage you all to engage, if you can, in some meaningful negotiations in an attempt to resolve this matter.

“Of course, if you can’t, the matter will continue and at the end of the day I will be publishing reasons which will be available publicly.”