Legal challenge against Newington coeducation move fails

An anonymous Newington College student, and his old-boy backers, have lost a legal challenge to stop the private boys’ school going co-ed.

Parents protesting coeducation outside Newington College in Stanmore on the first day of the 2024 school year. Picture: Richard Dobson

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An anonymous Newington College student, and his old-boy backers, have lost a legal challenge to stop the private boys’ school going co-ed.

The student’s case centred on whether the word “youth” in a 152-year-old property deed for the Stanmore school was “limited to the advancement of education of boys and young men”, not that of girls and young women.

Student A, as he was known to protect his privacy, argued the Council of Newington College could not “transition” the school to coeducation or spend any more money on the co-ed plan because it would breach the trust deed.

Yet, on Wednesday, Justice Guy Parker of the NSW Supreme Court concluded that the word “youth” in the 1873 document was used in a “gender neutral sense” and “does not mandate male-only enrolment at the College”.

He dismissed the claim, and ordered Student A to pay the Newington College’s legal costs.

The $45,000-a-year Sydney school is set to welcome girls from 2026 – a decision that has fractured the College community from its outset.

Newington College in Stanmore in Sydney’s inner west. Picture: Justin Lloyd

Student A thanked “the many Old Boys, former and current staff, parents, and members of the Newington community who supported his efforts” via the school’s anti-co-ed coalition following the decision.

In a letter to parents on Wednesday, Newington College Principal Michael Parker said he was “optimistic” the decision would pave the way for the community “to move forward together”.

“We have been steadfast in our position throughout these proceedings, and we remain excited to build on our rich history and traditions by taking Newington into our next era,” he wrote.

“We look forward now to uniting around our future vision for Newington College as a respected, modern and dynamic school for boys, girls, young men and young women from next year and into the future.”

In a statement with Student A, Save Newington College – the main group of parents and old boys against coeducation – said it was disappointed by the court ruling but was still committed to tradition.

“Together with Student A (whose identity is protected by a suppression order) the Save Newington College group is disappointed by today’s decision of the Supreme Court of New South Wales, in which Justice Parker ruled that the College Council’s intention to proceed with its plans to make Newington College co-educational is not a breach of the 1873 Trust Deed that originally codified the establishment of the school,” the statement said.

“Today’s decision, while respected, is at odds with the understanding held by generations of Old Boys, parents, staff, and community members — that Newington was founded, funded and entrusted as a school for boys, consistent with the original deeds,” it continued.

“The campaign by Student A to protect Newington’s heritage has never been about resisting change. It has always been about ensuring that changes honour the school’s founding values, its purpose, and the legacy that thousands have contributed to over more than 160 years.

“Student A’s efforts have also been about highlighting the many risks and pitfalls that will be encountered, now and into the future. Despite today’s court decision, high risks remain around the future academic and financial performance of the school and continuation of its GPS traditions.

“Particular challenges around successful integration of future girls, anticipated pushback from surrounding all-girls schools and retreat by former supporters of the Newington Foundation have not been addressed.”