Former Brighton Secondary College students win marathon legal battle

A group of boys have won a landmark case after suing their former principal, two teachers and the Victorian government for failing to protect them from anti-Semitic bullying, including bashings and swastika graffiti.

Former Brighton Secondary College students Liam Arnold-Levi, 21, Matt Kaplan, 17, and Joel Kaplan, 19. Picture: David Crosling

A determined group of young Jewish boys have won their marathon legal battle against the Victorian government, with taxpayers to fork out more than $430,000 in compensation.

Brothers Joel and Matt Kaplan, Liam Arnold-Levy, Guy Cohen and Zack Snelling sued the Victorian government, Brighton Secondary College principal Richard Minack and two teachers over claims that included failing in their duty of care and of systemic racial bullying between 2013 to 2020.

During the seven-week trial, Mr Arnold-Levy alleged he was bashed, spat at, called a “f — king Jew”, told to “die in an oven”, had “Heil Hitler” drawn on his locker and held at knifepoint.

In the Federal Court on Thursday, family, friends and supporters of the boys erupted in applause as Chief Justice Debra Mortimer found Mr Minack had failed in his duty to protect the students.

The court found, “unlike other vulnerable minority student groups”, no adequate steps were taken by Mr Minack to address how other students were treating the Jewish students.

Justice Mortimer said the school had a “different and less favourable approach” to dealing with bullying claims brought by Jewish students, and “inexplicable and unusual tolerance for anti Semitic graffiti”.

Justice Mortimer ordered that the education department to pay damages to each applicant, including $63,780 to Joel Kaplan, $60,000 to Matt Kaplan, $55,000 to Mr Cohen, $244,968.31 to Mr Snelling and $11,532.43 to Mr Arnold-Levy.

Matt Kaplan leaving the Federal Court. Picture: Luis Enrique Ascui

Liam Arnold-Levi following the former students win in the Federal Court. Picture: Luis Enrique Ascui

The state government issued an apology to the students following the judgment on Thursday.

Minister for Education, Natalie Hutchins, said the department “deeply regret” the antisemitism the five former students endured.

“Every Victorian student deserves to feel safe and respected at school — we deeply regret the antisemitism experienced by students at Brighton Secondary College and apologise unreservedly,” she said.

“Anti-Semitism and racism in any form is entirely abhorrent and has no place in our schools — we’ll use this ruling to identify any further steps that can be taken to eliminate this behaviour.

“We are working hard across the school system with Jewish community groups to address and eliminate all forms of antisemitism — making Holocaust education mandatory, improving reporting processes and convening a Jewish Student Advisory Group to advise the Department of Education on practical ways to tackle antisemitism in schools.”

The state will pay a total of $435,280 on behalf of the Bayside public school.

Justice Mortimer said the leadership cohort at the school should “hang their heads in shame”.

“I am satisfied Mr Minack, the BSC leadership cohort and the teaching staff took no, and certainly no adequate or systematic, action to modify student behaviour, to condemn the swastika graffiti and to implement a clear and consistent discipline program as part of any behaviour modification approach,” Justice Mortimer said.

Justice Mortimer also called out Mr Minack’s “inability to empathise with Jewish people in the same way he might with other people”.

Chief Justice Debra Mortimer ruled Mr Minack had breached the Racial Discrimination Act.

“There was no proactive discipline on a systematic basis emanating from him as principal, there was no proactive education about how wrong antisemitic taunts and harassment were, that it is just as unlawful as sexual harassment and just as inappropriate at school,” she said.

The packed courtroom erupted in applause following the judgment, with supporters hugging one another as some began singing the Israeli national anthem.

Speaking after the judgement, Anti-Defamation Commission chair Dvir Abramovich said the “landmark” decision was a “thundering victory for justice and a new dawn in the fight against antisemitism in schools”.

“Jewish students will not be subjected to antisemitism without consequences,” he said.

As revealed by the Sunday Herald Sun last month, a Freedom of Information request revealed the Education Department had spent more than $2.1m on top barristers defending the high profile case since 2021.

The boys’ legal team — barrister Adam Butt and law firm Cornwalls Lawyers — is understood to be largely unpaid.

The department’s no-costs-spared legal challenge included 79 days in the Federal Court – including trial and pre-trial dates – before Chief Justice Mortimer.

Joel Kaplan leaving the Federal Court on Thursday.Picture: Luis Enrique Ascui

During the high-profile trial, Mr Arnold-Levy told the court that there was “no safe place” at the high school and that nothing was done to stop the bullies, despite several reports to staff.

Invoices from law firm Minter Ellison show the department spent $5,500 per day on barrister Chris Young KC during the trial in November last year.

The Sunday Herald Sun understands the former students were willing to settle the case in return for a public apology, and a modest compensation payment.

Mr Minack, who claimed he had no knowledge of Mr Arnold Levy’s bullying allegations, denied seeing any swastikas around the school.

President of peak Jewish body, the Executive Council of Australian Jewry (ECAJ), Jillian Segal, praised the former students and their lawyers.

“With meagre resources, they took on the might of the Victorian government and Education Department to stand up for truth and justice, and they were successful,” she said.

“This decision will stand as a warning to any students who engage in antisemitic bullying, and to parents, teachers and Education Departments across Australia who fail to act responsibly to curb and prevent such behaviour.”