Students launch class action over antisemitism
Seven former students file AHRC complaint alleging unlawful discrimination at Brighton Secondary College.
A legal team led by barrister Adam Butt and Cornwalls Lawyers, who successfully prosecuted antisemitism claims against the former principal of Brighton Secondary College (BSC) and the State of Victoria for five applicants in the Federal Court Kaplan v State of Victoria, has filed a new complaint with the Australian Human Rights Commission (AHRC).
The representative complaint to the AHRC against the State of Victoria and Richard Minack, former principal of BSC, is brought by seven Jewish former BSC students in their own right and on behalf of all Jewish students who attended BSC between 2015 and 2020.
The complaint follows findings in Kaplan v State of Victoria, where Chief Justice Mortimer of the Federal Court of Australia found that between July 2015 and May 2020, Minack engaged in unlawful discrimination contrary to the Racial Discrimination Act (RDA) 1975 (Cth) by virtue of his various failures and omissions in relation to Jewish students.
According to Cornwalls, the new complaint alleges Minack as principal engaged in unlawful discrimination contrary to RDA section 9(1), by his failures and omissions to: “take action at a systematic and coordinated level to address a high level of antisemitic bullying and harassment of Jewish students by other students at BSC, and high levels of swastika graffiti at the school” as well as to “enforce the policies of BSC on racial harassment in relation to antisemitic bullying and harassment of Jewish students by other students at BSC, and in relation to the display of swastika graffiti at the school”.
The complaint alleges the State of Victoria is vicariously liable in negligence for failing to take reasonable steps to protect Jewish students from antisemitic bullying and harassment.
“The groundbreaking Kaplan proceeding laid the foundation for this claim, obtaining compensation and apologies for five students,” said Cornwalls’ Richard Hutchings. “Now all of the other Jewish students who attended BSC during this period of antisemitism will have an opportunity to claim compensation and other remedies.
“The class action complaint aims to highlight and deter the pervasive spread of antisemitic sentiment. All Jewish students who attended BSC between 2015 and 2020 are encouraged to contact Cornwalls Lawyers to provide details of their experiences.”
Register: cornwalls.com.au/areas-of-expertise/class-action