Newington College coeducation war heads to the courtroom as student files Supreme Court claim

A current student of elite inner-west private school Newington College is suing his school over its decision to introduce girls, while parents have moved to launch a class action over what they claim was “deceptive” conduct.

Opponents of coeducation at Sydney’s prestigious Newington College have finally officially taken legal action against the private school’s council over what they claim is a breach of its duties.

The fired-up and lawyered-up opponents of the plan to introduce girls at Newington – including one of its own students – are suing the school’s council and 24 of its current and former members over what they claim is a breach of their duties.

It comes as a group of current and former Newington parents prepare to launch a class action against the school over the transfer of money raised from parent fees to its fundraising arm the Newington Foundation.

Backed by the so-called “Save Newington College” group and financed by the ‘Newington Tradition Supporters Fund’, a current student of the $45,000-a-year school known only as ‘Student A’ has now filed a statement of claim in the NSW Supreme Court over funding for the move to coeducation, which he alleges was a breach of councillors’ fiduciary duties under the Newington Council College Act of 1922.

The claim, filed on Thursday, argues that at Newington’s foundation in 1873, a “deed of indenture” made reference to the school and its property trust’s purpose being for the provision of “an efficient course of education for youth”, in which “youth” can be defined only as “boys and young men”.

Newington College will introduce girls from 2026, and has launched an advertising blitz to spruik coeducational enrolments. Picture: Newington College

The case also argues that the College Council “breached the Trust Purpose by paying, applying and/or setting aside trust funds” to investigate whether or not to introduce girls, and implementing the decision when it was made.

The anti-co-ed contingent are seeking financial compensation for the proceedings, requesting that the 24 current and former college councillors named as defendants compensate the school council and in turn pay the plaintiff’s legal costs.

A current student at Newington College is suing the school over its move to coeducation filing this statement of claim in the Supreme Court of NSW.

The plaintiff himself’s identity will remain anonymous after he won the right to have his identity kept secret, with “tutor” and Newington graduate Peter Johnston acting on his behalf.

Separately, lawyers acting on behalf of a group of parents have served Newington’s lawyers with a letter warning they are “in the process of obtaining instructions with respect to a class action” in the Federal Court of Australia alleging “misleading and deceptive conduct” under Australian consumer law.

Their allegations include that money was transferred to the school’s charitable foundation and not disclosed to parents upon enrolment, that enrolling families were told the school would not be going co-ed by staff in leadership roles prior to the school council’s announcement, and that a $10,000 mandatory “outdoor education” camp for Year 9 students at Eungai Creek was also not disclosed on enrolment.

A courthouse showdown has been looming since December last year when enraged parents and ‘old boy’ graduates first engaged Sydney firm Brown Wright Stein to investigate the legal question over going co-ed, which stems from the school – in its current form at Stanmore in Sydney’s inner west – having been created by a 1922 Act of NSW parliament.

Any legal action had required Attorney-General Michael Daley’s sign-off before it could go to court.

Eungai Creek "outdoor education" site used by Newington College students. Parents claim they were stung with a $10,000 fee for the Year 9 camp that they weren’t aware of when they enrolled.

Fury over the decision to introduce girls also saw students, old boys and their MOONs (Mothers of Old Newingtonians) protesting outside the school gates at the start of the school year and later a failed attempted by opponents of the change to overthrow the leadership of their graduates’ club, the Old Newingtonians’ Union.

March 27: Members of the Newington Old Boys’ Union (ONU) in their hundreds descended on the Sydney CBD to vote on whether or not to oust their current leadership over their support for coeducation at the 160-year-old boys-only school. Picture: Jonathan Ng

The school, however, has gone full-steam on its phased transition to coeducation with the first female students to join the Kindergarten and Year 5 intake in 2026, splashing cash on billboards, TV and social media ads.

In an email to supporters of the ‘Save Newington College’ campaign, those behind the legal fight lamented that “the community is no longer ‘black and white’ but is ‘black or white’”, a reference to the school’s colours and state of division.

A 60-second TV ad for Newington’s coeducational intake pictures boys and girls doing sport including rugby alongside each other. Picture: Newington College

“The position we now find ourselves in, having to commence legal proceedings against the College and individual Councillors is not our doing,” the group wrote.

“It is unfortunate that the only way that transparency is attained is by having the Court’s supervisory jurisdiction for trusts look into the Council’s conduct.”

Newington College has not filed a defence in the case as yet, however a spokeswoman said the school is “disappointed by the proposed legal proceedings” and is “confident” that the decision was made in the “best interests” of students.

Jan 31: Parents and old boys with placards during a silent protest against the proposed switch to Newington College becoming a co-ed school. Picture: Richard Dobson

“Newington College has been notified of a statement of claim challenging the legality of College Councillors’ decision to transition Newington College to coeducation,” she said.

“The College and its Councillors take their responsibilities as custodians seriously, and are confident that decisions made are in the best interests of the school, its community and our students.

“The College will respond to the legal proceedings, and welcomes the opportunity for this matter to be heard expeditiously so that it does not distract the school from the work it undertakes to benefit our students, staff and community.”