Kaplan v State of Victoria (No 8) [2023] FCA 1092

Kaplan v State of Victoria (No 8) [2023] FCA 1092

The Court found that between July 2015 and May 2020, the principal of Brighton Secondary College breached s 9(1) of the Racial Discrimination Act 1975 (Cth) by failing to take systemic and coordinated action to address antisemitic bullying and harassment of Jewish students, and failing to enforce policies on racial harassment and swastika graffiti. The Court further held that the State of Victoria was liable for these breaches. Some specific conduct by a teacher (Mr Varney) towards Guy Cohen was also found to contravene s 9(1). The applicants' claims in negligence were upheld for most applicants except Guy, on the basis that the school authorities failed in their duty of care to protect...

Parties
Applicant: Joel Kaplan; Applicant: Matt Kaplan; Applicant: Guy Cohen; Applicant: Zack Snelling; Applicant: Liam Arnold-Levy; Respondent: State of Victoria; Respondent: Richard Minack; Respondent: Paul Varney; Respondent: Demi Flessa
Jurisdiction
Australia
Judgment Date
14 September 2023
Procedural Posture
Human Rights/racial Discrimination and Negligence Claim / Final Judgment After Trial
Outcome
Application allowed in part
Legal Topics
Racial Discrimination Act S 9 and S 18 C, Negligence by School Authorities, Vicarious Liability, Damages in Discrimination Cases, Australian Human Rights Commission Act Compensation
Human Rights Discrimination Law Negligence Racial Discrimination Act S 9 and S 18 C Negligence by School Authorities Vicarious Liability Damages in Discrimination Cases Australian Human Rights Commission Act Compensation

Case Brief

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Parties

Joel Kaplan

Applicant

Matt Kaplan

Applicant

Guy Cohen

Applicant

Zack Snelling

Applicant

Liam Arnold-Levy

Applicant

State of Victoria

Respondent

Richard Minack

Respondent

Paul Varney

Respondent

Demi Flessa

Respondent

Procedural Posture

Human Rights/racial Discrimination and Negligence Claim / Final Judgment After Trial

Legal Issues

  1. 1 Whether respondents contravened s 9(1) and s 18C of the Racial Discrimination Act 1975 (Cth) by failing to protect Jewish students from antisemitic bullying and harassment
  2. 2 Whether the school principal and staff breached their duty of care in negligence
  3. 3 Entitlement to compensation and/or an apology

Ratio Decidendi

The Court found that between July 2015 and May 2020, the principal of Brighton Secondary College breached s 9(1) of the Racial Discrimination Act 1975 (Cth) by failing to take systemic and coordinated action to address antisemitic bullying and harassment of Jewish students, and failing to enforce policies on racial harassment and swastika graffiti. The Court further held that the State of Victoria was liable for these breaches. Some specific conduct by a teacher (Mr Varney) towards Guy Cohen was also found to contravene s 9(1). The applicants' claims in negligence were upheld for most applicants except Guy, on the basis that the school authorities failed in their duty of care to protect...

Court Disposition

Application allowed in part

Orders

  • Declaratory relief granted regarding breaches of s 9(1) Racial Discrimination Act 1975 (Cth) by the principal (Mr Minack) and teacher (Mr Varney), and vicarious liability of the State of Victoria for those breaches.
  • Several paragraphs of the statement of claim struck out.