Victorian government spent $2.1m in legal fees against Jewish students

The Education Department has spent millions of dollars on legal fees against five Jewish students from Brighton Secondary College who claim they endured years of antisemitic bullying.

Liam Arnold-Levi, Matt Kaplan and Joel Kaplan claim they endured years of antisemitic bullying. Picture: David Crosling

The Victorian government racked up millions of dollars in legal fees in a marathon court battle against five Jewish public school students who claim they endured years of antisemitic bullying.

Invoices obtained by the Sunday Herald Sun under Freedom of Information laws show the Education Department has spent at least $2.1m defending the high-profile case since 2021.

Former Brighton Secondary College students — brothers Joel and Matt Kaplan, Liam Arnold-Levy, Guy Cohen and Zack Snelling — sued the Victorian government, school principal Richard Minack and two teachers over claims 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.

He 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.

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

Former Brighton Secondary College students sued the Victorian government over claims of systemic racial bullying between 2013 to 2020.

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.

Barrister Tim Jeffrie, during the same period, was paid $2,750 per day, while barrister Ben House was paid $2,000 per day.

The bulk of the fees were racked up by Minter Ellison, but the precise details of their invoices were redacted.

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.

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

Chief Justice Mortimer is yet to deliver judgment.

A legal source said the government likely also incurred millions in “hidden” costs fighting the case, including paying departmental lawyers and staff to attend the trial.

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

The department refused to say what the overall cost of the case to taxpayers had been, but said its lawyers had attempted to minimise costs through a settlement.

“The department sought to reach a settlement to both reduce the impact of this case on involved individuals and minimise legal costs,” a spokesman said.

Deputy opposition leader David Southwick said the government should be addressing issues in schools.

“These significant payments show that the Andrews government would rather spend millions of taxpayer dollars covering up a problem, instead of fixing it,” he said.