Emmanuel College, expelled student in venomous court hearing after student cleared of ‘rape list’

Counsel for an expelled student and a prominent Gold Coast college have traded barbs during a venomous costs hearing in Brisbane. It comes after the student was cleared of claims he was involved in a ‘rape list’.

Emmanuel College in Carrara on the Gold Coast has been taken to court over a student’s expulsion. Photo: Ashleigh Jansen

Counsel for an expelled student and a prominent Gold Coast college have traded barbs during a venomous costs hearing in Brisbane, with both parties accusing the other of acting in bad faith.

The Year 10 student, with his parents acting as litigation guardians, instituted civil proceedings in the Brisbane Supreme Court after his expulsion late last year, ostensibly for his alleged involvement in a so-called ‘rape list’ that also involved The Southport School and Somerset College.

The matter was set down for a three-day hearing last month, but the expelled student discontinued proceedings part-way through after the school told the court it never alleged the boy started or contributed to the vulgar list.

The parties returned to the court on Friday, June 6, to make submissions on the awarding of costs.

The student expelled from Emmanuel college (right) and his father, who is acting as litigation guardian, during a May 2025 hearing in the student's expulsion. Picture: John Gass

They lobbed hand grenades at one another, both alleging bad faith by the other.

Gavin Handran KC, representing the expelled student, told the court that in fact three students weren’t expelled from Emmanuel College over the list – contrary to media reporting at the time – but that the school was “happy for that to be understood by the community even though it was false and defamatory” to his client.

“The school wanted to be seen as taking action, and strong action, regarding the creation of the list, and was happy for the public to understand three boys were expelled,” he said.

“Concern about reputational risks drives the college’s position regarding this boy.

“We acknowledge a parallel concern for the harm that was caused for the victims of the list, but it was certainly no less a concern regarding reputational risk than that concern.”

He was pulled up on this point by Justice Elizabeth Wilson, who said it was “clear” the school was concerned about the victims of the list.

Emmanuel College was embroiled in the so-called ‘rape list’ scandal alongside TSS and Somerset College, although Emmanuel has borne the brunt of the public opprobrium. Photo: Ashleigh Jansen,

Mr Handran argued the expelled boy should be awarded costs because, if the case had progressed, his client would have been “highly successful” by virtue of the fact it had been established the student did not bear “any responsibility for, or participated in” the list.

“The declaration we sought was that the expulsion was invalid by dint of that fact being proved and established,” Mr Handran said.

He said the school’s current position, that it had always maintained the expelled boy did not have such an involvement in the list, had “no attachment to the facts”.

Gavin Handran KC. Picture: Inns of Court

However, Vince Brennan, representing the college, told the court the establishment of the student’s innocence of involvement in the list was not one of the outcomes being sought by the student in his pleadings.

“The [expelled student’s] statement of claim does not plead for that to be denied or admitted,” Mr Brennan said.

“The college was here to dispute a contractual claim.

“If the plaintiff wished... to allege there was some sort of denial of procedural fairness, they had the right to proceed to final judgment.

“The college wanted to continue.”

The question of who should bear the costs of the case was further complicated by the fact that, during last month’s abortive hearing, an allegation was made that certain documents were sent to the plaintiff “in breach of confidentiality laws”.

This led to one of Queensland’s top silks, Anthony Morris KC, being called in at short notice to broker a peace deal between the parties.

Who should bear responsibility for that, and in fact whether any costs are awarded at all, are some of the issues Justice Wilson is being called upon to decide.

She reserved her decision.

This masthead contacted the college regarding Mr Handran’s claim that in fact three students were not expelled from the college, but that it suited the college’s purposes for the public to think they had been.

In response, a spokesman said: “Emmanuel has always stated to parents and the media that as a result of their (very thorough) investigation, a small number of students are no longer enrolled at the college.”