May 29, 2025 • 9 mins
A legal challenge to block a Sydney private boys school from going co-ed failed in a NSW court this week. Newington College’s plan to open enrolments to girls first made headlines over a year ago, when a group of parents, Old Boys and students gathered outside the school in protest of the announcement. Today, we’ll bring you up to speed on this high-profile case, including a breakdown of what this week’s Supreme Court decision means.
Hosts: Zara Seidler and Lucy Tassell
Producer: Orla Maher
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Transcript
Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Speaker 1 (00:00):
Already and this is the daily This is the Daily.
Ohs oh, now it makes sense.
Speaker 2 (00:14):
Good morning and welcome to the Daily Os. It's Friday,
the thirtieth of May. I'm Zara Sidler.
Speaker 1 (00:19):
I'm Lucy Tassel.
Speaker 2 (00:21):
A legal challenge to block a Sydney private boys' school
from going co ed failed in a new South Wales
court this week. Newington College's plan to open enrollments to
girls first made headlines over a year ago when a
group of parents, old boys and students gathered outside the
school in protest. Today, we'll bring you up to speed
on this high profile case, including a breakdown of what
(00:43):
the Supreme Court's decision means for school.
Speaker 3 (00:49):
Zara, we have talked about this Newington co ed controversy before,
but it's been a while since we've heard much about it.
Can you kind of bring us up to speed on
the context surrounding the case.
Speaker 1 (01:00):
What do we need to know about the school?
Speaker 3 (01:02):
Yeah?
Speaker 2 (01:02):
So, Newington is a prestigious independent school largely based in
Sydney's Inner West, but also has a primary school campus
on the North Shore. Since the late eighteen hundreds, and
I guess central to the story, Newington has been a
private boys' school. However, as we foreshadowed in November last year,
(01:23):
the college announced plans to open up enrollments to girls
now under a phased plan. It's kindergarten and year five
classrooms would be co ed from twenty twenty six, so
from next year, before girls are accepted into years seven
and eleven in twenty twenty eight. As these students progress
through their education, the college said that it would become
(01:43):
fully co educational by twenty thirty three, with the first
co educational cohort graduating in twenty twenty nine. So I
say that all to paint the picture that it has
traditionally always been a private boys' school, but that there
were these plans that were made clear last year and
it was always going to be a phased approach towards
co education.
Speaker 1 (02:03):
Do they explain why they're doing this now?
Speaker 2 (02:06):
Yeah, it's a good question. It essentially it follows a
trend of single sex schools across the country moving into
co education when it comes to Newington specifically, they cited
several reasons for the move. Firstly, it said that the
College Council, so a board of decision makers, has a
responsibility to quote protect and embrace the future of Newington
(02:28):
as well as its present. A statement explaining the decision
said that the college wanted to be quote in step
with a society it is part of. It goes on
to say, our students will enter a world that will
require them to walk and work alongside all genders, collaboratively, respectfully,
and empathetically. It says, we believe the best way to
(02:48):
prepare them for these roles is for different genders to
learn alongside each other in an everyday, unremarkable way during
their childhood and their adolescence. The school also cided diversity
and inclusiveness as important considerations that underpinned this decision.
Speaker 1 (03:05):
Yeah, so then, I mean, schools announced things all the
time and they don't end up in court.
Speaker 2 (03:11):
It's pretty rare for it to up in a court case.
Speaker 1 (03:13):
So why has this rare occurrence happened?
Speaker 2 (03:17):
Look, I don't think that it is hyperbolic of me
to say that there was a lot of passionate dialogue
when it came to this decision. There was both emphatic
support from one cohort, whether that be of alumni, current students, parents,
whoever it was, But on the other side there was
also a strong cohort of people who were against the
(03:38):
decision by Newington to transition to co education. You may
remember the headlines about this. After a small but vocal
group of parents, old boys and students, they all gathered
outside the school last year, holding signs and protesting against
the school's decision to start enrolling girls. One of those
protesters called the decision at the time not just a
(03:59):
change in policy, but an erosion of our heritage. And
so then there was this petition signed by parents against
the school's decision to open up enrollment to girls. And
ultimately this backlash all came to a head when a lawsuit,
as you said it, was launched against the school last
year in the New South Wales Supreme Court.
Speaker 1 (04:17):
Why don't these protesters want the school to become co ed?
I mean?
Speaker 2 (04:22):
At the time of the protests, the group cited research
that was commissioned by Catholic Schools New South Wales that
suggested that single sex schools can improve academic performance and
can increase student self esteem. The protesters said that by
becoming co ed, the students were risking losing these potential
benefits that they said were afforded to students that attended
(04:45):
single sex schools. The study analyzed napland test starter that
found that overall a quote modest academic advantage for single
sex schools, with the advantage generally greater for boys' schools
than girls' schools andarticularly high lead for boys' schools in numeracy.
Should be said, though, there is so much conflicting evidence
(05:06):
in this space. So for example, just to highlight one
other area here, research from twenty nineteen suggests that students
in co educational schools learn at the same speed or
even faster than their segregated counterparts in single sex schools.
But again, this idea that the students at the single
sex school were at an academic advantage by being there.
That was one of the reasons why there were protests
(05:29):
to the plan to transition.
Speaker 3 (05:31):
Yeah, I mean, it's a fascinating kind of idea to
think about. You went to a co ed school and
I went to a single sex school. Here we both
are in the same place. At the end of the day,
what do we need to know about the lawsuit? Because
you need to have like illegal grounds. You can't just
say I don't like this, yeah, let's go to court.
Speaker 2 (05:49):
Yes. So, while those were some of the reasons why
protesters were against the plan. You're right, they needed to
be a legal ground for a suit to be brought.
And so this claim that was in the New South
Wales Supreme Court centered around the school's founding trust deed.
Now that was written in eighteen seventy three, and it
(06:09):
said it was established to provide an efficient course of
education for youth.
Speaker 3 (06:15):
Youth.
Speaker 2 (06:15):
I emphasize that word because that is the word at
the center of the law case. In this case, a
Newington student was the lead plaintiff. We know that he
is unnamed and remained unnamed during the course of the proceedings.
But basically the argument that was being put forward by
his lawyers was that the word youth in that sentence
(06:38):
in the founding trust was intended only to mean boys.
And so under this argument, the school is basically breaching
the terms of the trust by becoming co ed, the
trust being what funds the school and what dictates its future.
And so this, as I said, just centralized around this
one word youth and what does that word mean and
(06:59):
what was that word intended to mean.
Speaker 3 (07:02):
We'll be back with the rest of the deep dive
after a quick message from our sponsor.
Speaker 1 (07:09):
So what did the court think about this argument?
Speaker 2 (07:11):
Well, on Wednesday, the Supreme Court Justice Guy Parker ruled
against the student, so against this case. He concluded that
the word youth in the trusteed was used in a
gender neutral sense, so he didn't find that it was
specifically only meant to talk about boys or men, and
therefore Justice Parker ruled that the document does not mandate
(07:34):
male only enrollment at Newington and as a result of that,
Newington will now transition to co ed as planned, with
girls starting from next year because this case failed and
the plan was always to transition from next year and
now that legal obstacle has been overcome.
Speaker 1 (07:51):
Wow, So what's the school said about that?
Speaker 2 (07:53):
So a statement from Newington Headmaster Michael Parker said that
the school welcomed the court's decision. It was interesting during
the week before the decision was handed down, I was
looking at the Newington website. It has like an FAQ
about becoming co ed and in it like it's like
how will it work and what year will it happen?
And then the last one is and what's all this about?
A court case? And the school had had to say, yes,
(08:16):
there's this court case no, we don't intend for it
to change any plans. So really the school has welcomed
the decision, They said, we remain excited to build on
our rich history and traditions by taking Newington into our
next era. That Headmaster Michael Parker added, we are optimistic
that the court's determination will now pave the way for
(08:37):
our community to move forward together. We look forward to
now uniting around our future vision for the school. Of course,
they're calling out the fact that it has caused so
much division. There have been such strong feelings on both sides,
whether that be from old boys, whether that be from
current parents, current students, future students. But as we led
with at the top, this does seem to be a
(08:58):
trend that is occurring cross not just New South Wales,
but to pass a country as single sex schools begin
to allow girls boys to enter.
Speaker 1 (09:08):
Yeah. Well, thank you so much for explaining that, Zarah.
Speaker 2 (09:11):
Thank you, Lucy, and thank you for joining us for
another episode of The Daily OS that wraps up a
big week in the news. If you learned something this week,
hitting subscribe or follow on whatever platform you are listening
or watching us on helps us grow and helps us
continue doing content like this each and every day. We'll
be back with the headlines this afternoon, but until then,
(09:32):
have a great day.
Speaker 1 (09:37):
My name is Lily Madden and I'm a proud Arunda
bunge Lung Kalkutin woman from Gadigol Country.
Speaker 3 (09:43):
The Daily os acknowledges that this podcast is recorded on
the lands of the Gadighl people and pays respect to
all Aboriginal and Torres Strait Island and nations. We pay
our respects to the first peoples of these countries, both
past and present.
Already and this is the daily This is the Daily.
Ohs oh, now it makes sense.
Speaker 2 (00:14):
Good morning and welcome to the Daily Os. It's Friday,
the thirtieth of May. I'm Zara Sidler.
Speaker 1 (00:19):
I'm Lucy Tassel.
Speaker 2 (00:21):
A legal challenge to block a Sydney private boys' school
from going co ed failed in a new South Wales
court this week. Newington College's plan to open enrollments to
girls first made headlines over a year ago when a
group of parents, old boys and students gathered outside the
school in protest. Today, we'll bring you up to speed
on this high profile case, including a breakdown of what
(00:43):
the Supreme Court's decision means for school.
Speaker 3 (00:49):
Zara, we have talked about this Newington co ed controversy before,
but it's been a while since we've heard much about it.
Can you kind of bring us up to speed on
the context surrounding the case.
Speaker 1 (01:00):
What do we need to know about the school?
Speaker 3 (01:02):
Yeah?
Speaker 2 (01:02):
So, Newington is a prestigious independent school largely based in
Sydney's Inner West, but also has a primary school campus
on the North Shore. Since the late eighteen hundreds, and
I guess central to the story, Newington has been a
private boys' school. However, as we foreshadowed in November last year,
(01:23):
the college announced plans to open up enrollments to girls
now under a phased plan. It's kindergarten and year five
classrooms would be co ed from twenty twenty six, so
from next year, before girls are accepted into years seven
and eleven in twenty twenty eight. As these students progress
through their education, the college said that it would become
(01:43):
fully co educational by twenty thirty three, with the first
co educational cohort graduating in twenty twenty nine. So I
say that all to paint the picture that it has
traditionally always been a private boys' school, but that there
were these plans that were made clear last year and
it was always going to be a phased approach towards
co education.
Speaker 1 (02:03):
Do they explain why they're doing this now?
Speaker 2 (02:06):
Yeah, it's a good question. It essentially it follows a
trend of single sex schools across the country moving into
co education when it comes to Newington specifically, they cited
several reasons for the move. Firstly, it said that the
College Council, so a board of decision makers, has a
responsibility to quote protect and embrace the future of Newington
(02:28):
as well as its present. A statement explaining the decision
said that the college wanted to be quote in step
with a society it is part of. It goes on
to say, our students will enter a world that will
require them to walk and work alongside all genders, collaboratively, respectfully,
and empathetically. It says, we believe the best way to
(02:48):
prepare them for these roles is for different genders to
learn alongside each other in an everyday, unremarkable way during
their childhood and their adolescence. The school also cided diversity
and inclusiveness as important considerations that underpinned this decision.
Speaker 1 (03:05):
Yeah, so then, I mean, schools announced things all the
time and they don't end up in court.
Speaker 2 (03:11):
It's pretty rare for it to up in a court case.
Speaker 1 (03:13):
So why has this rare occurrence happened?
Speaker 2 (03:17):
Look, I don't think that it is hyperbolic of me
to say that there was a lot of passionate dialogue
when it came to this decision. There was both emphatic
support from one cohort, whether that be of alumni, current students, parents,
whoever it was, But on the other side there was
also a strong cohort of people who were against the
(03:38):
decision by Newington to transition to co education. You may
remember the headlines about this. After a small but vocal
group of parents, old boys and students, they all gathered
outside the school last year, holding signs and protesting against
the school's decision to start enrolling girls. One of those
protesters called the decision at the time not just a
(03:59):
change in policy, but an erosion of our heritage. And
so then there was this petition signed by parents against
the school's decision to open up enrollment to girls. And
ultimately this backlash all came to a head when a lawsuit,
as you said it, was launched against the school last
year in the New South Wales Supreme Court.
Speaker 1 (04:17):
Why don't these protesters want the school to become co ed?
I mean?
Speaker 2 (04:22):
At the time of the protests, the group cited research
that was commissioned by Catholic Schools New South Wales that
suggested that single sex schools can improve academic performance and
can increase student self esteem. The protesters said that by
becoming co ed, the students were risking losing these potential
benefits that they said were afforded to students that attended
(04:45):
single sex schools. The study analyzed napland test starter that
found that overall a quote modest academic advantage for single
sex schools, with the advantage generally greater for boys' schools
than girls' schools andarticularly high lead for boys' schools in numeracy.
Should be said, though, there is so much conflicting evidence
(05:06):
in this space. So for example, just to highlight one
other area here, research from twenty nineteen suggests that students
in co educational schools learn at the same speed or
even faster than their segregated counterparts in single sex schools.
But again, this idea that the students at the single
sex school were at an academic advantage by being there.
That was one of the reasons why there were protests
(05:29):
to the plan to transition.
Speaker 3 (05:31):
Yeah, I mean, it's a fascinating kind of idea to
think about. You went to a co ed school and
I went to a single sex school. Here we both
are in the same place. At the end of the day,
what do we need to know about the lawsuit? Because
you need to have like illegal grounds. You can't just
say I don't like this, yeah, let's go to court.
Speaker 2 (05:49):
Yes. So, while those were some of the reasons why
protesters were against the plan. You're right, they needed to
be a legal ground for a suit to be brought.
And so this claim that was in the New South
Wales Supreme Court centered around the school's founding trust deed.
Now that was written in eighteen seventy three, and it
(06:09):
said it was established to provide an efficient course of
education for youth.
Speaker 3 (06:15):
Youth.
Speaker 2 (06:15):
I emphasize that word because that is the word at
the center of the law case. In this case, a
Newington student was the lead plaintiff. We know that he
is unnamed and remained unnamed during the course of the proceedings.
But basically the argument that was being put forward by
his lawyers was that the word youth in that sentence
(06:38):
in the founding trust was intended only to mean boys.
And so under this argument, the school is basically breaching
the terms of the trust by becoming co ed, the
trust being what funds the school and what dictates its future.
And so this, as I said, just centralized around this
one word youth and what does that word mean and
(06:59):
what was that word intended to mean.
Speaker 3 (07:02):
We'll be back with the rest of the deep dive
after a quick message from our sponsor.
Speaker 1 (07:09):
So what did the court think about this argument?
Speaker 2 (07:11):
Well, on Wednesday, the Supreme Court Justice Guy Parker ruled
against the student, so against this case. He concluded that
the word youth in the trusteed was used in a
gender neutral sense, so he didn't find that it was
specifically only meant to talk about boys or men, and
therefore Justice Parker ruled that the document does not mandate
(07:34):
male only enrollment at Newington and as a result of that,
Newington will now transition to co ed as planned, with
girls starting from next year because this case failed and
the plan was always to transition from next year and
now that legal obstacle has been overcome.
Speaker 1 (07:51):
Wow, So what's the school said about that?
Speaker 2 (07:53):
So a statement from Newington Headmaster Michael Parker said that
the school welcomed the court's decision. It was interesting during
the week before the decision was handed down, I was
looking at the Newington website. It has like an FAQ
about becoming co ed and in it like it's like
how will it work and what year will it happen?
And then the last one is and what's all this about?
A court case? And the school had had to say, yes,
(08:16):
there's this court case no, we don't intend for it
to change any plans. So really the school has welcomed
the decision, They said, we remain excited to build on
our rich history and traditions by taking Newington into our
next era. That Headmaster Michael Parker added, we are optimistic
that the court's determination will now pave the way for
(08:37):
our community to move forward together. We look forward to
now uniting around our future vision for the school. Of course,
they're calling out the fact that it has caused so
much division. There have been such strong feelings on both sides,
whether that be from old boys, whether that be from
current parents, current students, future students. But as we led
with at the top, this does seem to be a
(08:58):
trend that is occurring cross not just New South Wales,
but to pass a country as single sex schools begin
to allow girls boys to enter.
Speaker 1 (09:08):
Yeah. Well, thank you so much for explaining that, Zarah.
Speaker 2 (09:11):
Thank you, Lucy, and thank you for joining us for
another episode of The Daily OS that wraps up a
big week in the news. If you learned something this week,
hitting subscribe or follow on whatever platform you are listening
or watching us on helps us grow and helps us
continue doing content like this each and every day. We'll
be back with the headlines this afternoon, but until then,
(09:32):
have a great day.
Speaker 1 (09:37):
My name is Lily Madden and I'm a proud Arunda
bunge Lung Kalkutin woman from Gadigol Country.
Speaker 3 (09:43):
The Daily os acknowledges that this podcast is recorded on
the lands of the Gadighl people and pays respect to
all Aboriginal and Torres Strait Island and nations. We pay
our respects to the first peoples of these countries, both
past and present.
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