Parade College in Bundoora wins landmark Supreme Court judgment over student expulsion

Parade College in Bundoora has had its decision to kick out a student over the discourteous “tone” of emails sent by his parents upheld in a landmark Supreme Court judgment.

The parents have sued the school for terminating their son’s enrolment, arguing their son was bullied.

A school’s right to kick kids out because of their naughty parents has been bolstered by a landmark Supreme Court judgment.

It comes after Parade College ended the enrolment of a year 7 student because of the allegedly discourteous “tone” of emails his parents sent to teachers at the Bundoora boys’ school.

The boy’s parents sued the school for terminating their son’s enrolment in 2021, arguing he had been physically assaulted and bullied by a classmate over a five-month period and the school hadn’t done enough to protect him.

The alleged incidents included a classmate kicking the younger boy in the shins, putting him in a headlock, pushing him and hitting him in the head in front of a teacher.

The classmate also allegedly threatened the boy with a knife, which resulted in the police being called and later filing an intervention order against the student.

The parents maintain they were merely expressing frustration in their emails and argued that the school’s decision to kick their son out may go against Ministerial Order 1125, which sets out requirements for expulsion procedures in Victorian schools and states that a student can only be expelled due to their own conduct.

Parental disrespect towards teachers may be grounds for student expulsion. Picture: Supplied

Lawyer Jules Marra from SGM Legal, acting for the boy’s father, told the Herald Sun his client is “seeking a fair resolution” for his son and “remains hopeful that this legal process will help promote positive change for other families in similar circumstances”.

The school is arguing the boy was not expelled but had his enrolment “terminated” due to the behaviour of his parents. In 44 emails the parents accused school staff of “incompetence” and “flagrant negligence” for failing to protect their son.

The boy’s mother sought a summary judgment claiming the school’s defence has no prospect of success. She argued the defendants had pleaded via material filed in court, the school’s teachers couldn’t even remember what the allegations were. However, Justice Andrew Keogh last week dismissed the application, stating that there is a “real, as opposed to a fanciful” prospect of the school’s defence succeeding.

Mr Marra said that despite the interim judgment, the father “remains concerned about the challenges his son faced at Parade College, particularly the reports of bullying”.

“While the defendants continue to deny these allegations, the family maintains that further examination of the evidence, including CCTV footage, is essential to ensuring the facts are properly considered through the legal process”.

Parade College, represented by lawyers for its governing body Edmund Rice Education Australia, is arguing the boy’s parents agreed to abide by a parental code of conduct under the enrolment agreement. The code requires parents to act with courtesy and respect in their dealings with school staff, with expulsion of their students a possible outcome of a breach.

The parents say the code was not part of the enrolment agreement or contract signed by the mother.

A spokesperson for Parade College said the school “welcomes the decision by the Supreme Court of Victoria to dismiss the applications by the plaintiffs. As the matter remains before the Court, the College is unable to make any further comments.”

The trial, which was listed for hearing last week, has now been adjourned.

Originally published as Parade College in Bundoora wins landmark Supreme Court judgment over student expulsion