Judge recuses himself from Anna Harte lawsuit against St Margaret’s Anglican Girls School and principal

The judge hearing an application made by a mum who claims her star daughter was “signed up” on a school sports scholarship “without consent”, has recused himself.

Anna Harte arrives at the Brisbane Supreme Court on Thursday. Picture: NewsWire / Glenn Campbell

The judge hearing an application made by a mum who claims her star daughter was “signed up” on a school sports scholarship “without consent”, has recused himself because his family went to the elite private school.

In the District Court in Brisbane on Thursday Judge Michael Burnett AM told Ascot mum Anna Harte that it was “not appropriate” he hear her application in her civil case against St Margaret’s Anglican Girls school.

She is suing the trust that operates St Margaret’s Anglican Girls school in Ascot and principal Ros Curtis over their treatment of her daughter Isabella, now aged 18.

She alleges Ms Curtis “signed up” Isabella for an academic and sports scholarship for 2023 on November 21, 2022 without getting her “parental consent”, which caused her to suffer a “psychological decompensation” and subsequent financial loss.

Ms Harte filed a new application in the registry on Friday, related to “new evidence”, and it was before Judge Burnett in court today.

Anna Harte is suing the trust that operates St Margaret’s Anglican Girls School. File picture

“I am not going to deal with the matter, I will recuse myself because my daughters, my wife and my mother-in-law all attended that college. So it is probably not appropriate I become involved in the matter,” Judge Burnett said.

“I have excused the school and principal from attending today because the document makes no sense to me, are you in fact the applicant or are you the respondent?” he asked Ms Harte, who was representing herself in court.

“It seems to me that the relief that is being sought is identical to the relief which was ordered upon by Judge Porter,” he said.

“There is further evidence, so, I would like to put that before the court,” Ms Harte said.

“Well you can go back before Judge Porter and satisfy him that his order ought be varied,” Judge Burnett replied.

“There is no urgency in the application from what I can see,” he told Ms Harte.

Earlier this month Judge Bernard Porter ordered Ms Harte must disclose details to the school about her past employment including her previous salary, leave taken and tax returns as part of her claim for alleged losses suffered due to personal injury.

Judge Burnett adjourned the court for the case to return to Judge Porter at a date to be fixed.