Newington parents to launch class action over ‘deceptive conduct’ amid existing legal battle

Parents will launch a class action over ‘misleading and deceptive conduct’ by the Newington College Council, including claims that representations were made the ‘college would not become coeducational’.

An anti co-ed protest outside Stanmore’s Newington College. Picture: Richard Dobson

Parents are set to launch a class action over what they call “misleading and deceptive conduct” by the Newington College Council, including claims that representations were made to some that the “college would not become coeducational”.

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

It comes after a group of parents and old boys filed separate legal proceedings in the ­Supreme Court on Thursday, suing the Council of Newington College over funding for the move to coeducation. 

The group claims that the college’s purpose when established in 1873 was for the ­“advancement of education of boys and young men”, and the College Council breached the trust by using its funds to “implement its decision to transition ... into a co-educational school”.

An email, which included the statement of claim, sent out by the funders of the legal action – Newington Tradition Supporters Fund – said “the founders of the college had a clear vision, which has up until recently been the reason for the success of the college”, adding the council was just a trustee of the college.

“The fractured state of the college community, and the process that has been commenced as well as its outcome, is a direct consequence of the leadership,” the email said.

Parents with placards hold a silent protest as students arrive at the college. Picture: Richard Dobson

In a separate legal letter sent to the college council’s lawyers, MinterEllison, on Sunday, Daniel O’Brien at Albus Legal, who represents “parents who have boys enrolled in Newington College” said “we are in the process of obtaining instructions with respect to a class action to be commenced in the Federal Court of Australia with respect to misleading and deceptive conduct on the part of the council pursuant to section 18 of the Australian Consumer Law”.

Among its claims are that “representations were … made to parents (by certain members of staff in leadership roles) that the college would not become coeducational, with those representations having been made prior to the announcement made by the chair of the council on 20 November 2023.”

The letter claims the “misleading and deceptive conduct” includes allegations of donations of money from the council to the “Newington Foundation”, much of which was sourced from school fees; losing control of those funds by “causing a trustee (not under the direction or control of the Council) to be appointed to the Foundation”; all the while, not disclosing during enrolment that the Council would be ‘donating’ money sourced from school fees.

“We are instructed that there are other examples of misleading and deceptive conduct, such as the Eungai Creek project with respect to year 9 students, and the increased fees associated with that (which we are instructed is approximately $10,000 per student),” the letter reads.

“In short, we are instructed that there are a number of instances where our clients claim that the council (by its councillors) have been involved with misleading and deceptive ­conduct.”