Newington College student loses bid to challenge the elite school’s move to coeducation

A student of a prestigious Sydney school has lost his bid to challenge the school’s controversial move to coeducation.

Newington College in Sydney’s inner west announced in 2023 the school would accept both boys and girls over a staged move from 2026 onwards.

The school, which boasts yearly tuition fees of up to more than $45,000, will accept girls to kindergarten and year 5 from next year, while the senior campus will accept girls in year 7 and year 11 from 2028.

The decision immediately sparked controversy among the school’s community, prompting a current student to take the matter to Sydney’s Supreme Court.

The student, who can only be known as Student A, filed a lawsuit in December 2024.

The case hinged on the terminology in the school’s 1873 Deed of Indenture, with the statement of claim arguing the words “an efficient course of education for youth” is “limited to the advancement of education of boys and young men”.

Justice Guy Parker handed down his final judgment on Tuesday afternoon, finding that the terminology was used “in a gender neutral sense”.

“(I have) concluded that the word youth … was used in a gender neutral sense and does not mandate male-only enrolment at the College,” Justice Parker told the court.

The statement of claim also argued the use of the College’s property “for coeducation would be a breach of (Newington’s) trust”, which Judge Parker ordered be dismissed.

Student A was ordered to pay the legal costs.

Tuition for the elite school spans up to $45,369 for those in years 11 and 12, with the fees for those in years 5 and 6 reaching $35,487.

The decision to move to a co-ed model was reached after consulting with members of the school community, the judgment states.

However, it “remained controversial among some parents and alumni”.

“In particular, it was claimed that assurances had been given in the course of fundraising that the college would remain a single-sex school,” the judgment states.

“Those particular allegations are not relevant for the purpose of these proceedings. The litigation before the court is concerned only with the council’s power to introduce coeducation, and not with the merits of that decision.”

The Save Newington College group said they were “disappointed” by the decision while commending Student A in a statement.

“Today’s decision, while respected, is at odds with the understanding held by generations of Old Boys, parents, staff and community members – that Newington was founded, funded and entrusted as a school for boys, consistent with the original deeds,” the statement read.

It said the case was about ensuring changes “honour the school’s founding values”, purpose and legacy as well as highlighting “the many risks and pitfalls that will be encountered, now and into the future”.

“Student A is deeply grateful to the many Old Boys, former and current staff, parents, and members of the Newington community who supported his efforts,” the statement read.

“Their encouragement was invaluable in defending the traditions, values and character that have made Newington a respected institution in Australian education.

“While these current court proceedings have now concluded, the broader discussion about governance, transparency, and community engagement at Newington College continues.

“We remain committed to advocating for decisions that respect the voices of those who built this institution and who seek to protect its identity for future generations.”

Newington’s headmaster earlier said the school “remain excited to build on our rich history and traditions by taking Newington into our next era” in a statement released on Tuesday afternoon.

“We are optimistic that today’s determination will now pave the way for our community to move forward together,” the statement read.

“We thank our staff, students, and families for their ongoing support and faith in our direction and leadership.

“We look forward now to uniting around our future vision for Newington College as a respected, modern and dynamic school for boys, girls, young men and young women from next year and into the future.”