The leadership at Melbourne’s Brighton Secondary College has been accused of a “dereliction of duty” on the final day of a court case in which it is alleged they failed to protect five Jewish students from antisemitic discrimination and bullying.
The federal court on Thursday heard the closing submissions in the case brought by the five former students, who are suing the state of Victoria and the government-funded high school for negligence and failing to protect them as Jewish students from racial discrimination.
The plaintiffs allege their former school and the state of Victoria failed in their obligations under Australia’s Racial Discrimination Act and the UN convention on the rights of the child.
The respondents deny all allegations.
Barrister Adam Butt, representing the former students, told the court the alleged failure of the high school principal and teachers to act on his clients’ complaints equated to a “dereliction of duty”.
Chris Young KC, acting for the school and the state of Victoria, argued the defence had not properly outlined what steps should have been taken.
However, Butt pointed to submissions on expulsion and restorative justice principle as possible courses of action.
“They didn’t do anything in any cases … It’s not a question of what they should have done. It’s a question of they should have done something,” Butt told the court.
The former students – brothers Matt and Joel Kaplan, Liam Arnold-Levy, Guy Cohen and Zack Snelling – allege they experienced antisemitic bullying, discrimination and negligence at the school between 2013 and 2020. The students’ claims have been denied by the respondents – the principal, Richard Minack, teachers Paul Varney and Demi Flessa, and the state of Victoria.
The court has previously heard Minack gave numerous speeches to the school, intended to combat antisemitism and racism in 2018 and 2019, following complaints from parents.
According to the claims, despite the intention to combat antisemitism, the speeches included references to Jewish people being “subhuman” and Minack describing his father – a Nazi – as a good person. The court heard from students and other witnesses alleging that antisemitic behaviour and graffiti of swastikas increased after the speeches.
Butt on Thursday said an argument put by the defence – that one of the students, Joel Kaplan, had taken Minack’s speech out of context – ignored “what he actually experienced on a deep level”.
But Young said the speech was given in “reasonable and good faith” and was academic in purpose because it was given in an educational setting. Young also argued there were factual controversies over comments that Varney had made, including the allegation that he said Israel did not exist. Varney has denied the claims in court.
The court also heard claims that hundreds of swastikas were displayed as graffiti at the school and one student was told they could not wear a kippah inside.
Arnold-Levy, who left Brighton Secondary College over incidents of bullying, alleges he had “Heil Hitler” written on his locker, was physically attacked and felt unsafe at the school.
Addressing the full court room, Justice Debra Mortimer acknowledged that the months-long case had not been an easy process for either side.
“It’s important to acknowledge the dedicated attendance of many people in this trial,” she said.
A judgment in the case is expected in the coming months.
