05/08/2024

Newington Tradition Supporters Fund -

Update #10 - Important legal update

 

Dear Newington Community,

We are providing a general update in relation to recent events and also to keep the fire burning whilst we eagerly await the response from the Attorney-General.

On Wednesday night the ONU held their AGM and whilst the Save Newington College nominees were not successful in their ambition to gain control of the ONU, we applaud the fact that democracy was finally able to play out, and that, the election again brought to light:

1. The Newington community & alumni are deeply divided, a division not caused by us (the parents and students) or the SNC, but by the strategic decisions that the current College Council have chosen to implement;

2. The parents and Old Boys who oppose the current strategic direction of the College are not a small discrete group as some in positions of power and influence would try and have us all believe; we are substantial in numbers and sound in our resolve;

3. The newly elected ONU President appears to have made public comments which actually agree with our legal challenge position - see attached letter and attachments that was sent to Edward Miller last Friday;

We applaud the time, effort, energy and love that the SNC Old Boys have put into this campaign , knowing that they were always facing an uphill battle, having to deal with the full force of the Newington machine who had clearly backed the YOUR ONU nominees, including public statements of support from the immediate past President, Alexander Pagonis, to emails from the Headmaster and Chairman to parents and Old Boys.

To keep you updated as to the progress that we have been making, please find attached the following correspondence:

• BWS (our lawyers) letter to Mills Oakley

• Mills Oakley (Synods & Moderators lawyers) letter to BWS 29 May 2024

• BWS further letter to Mills Oakley 26.06.24

• BWS letter to Attorney General seeking approval to commence proceedings against the Council of Newington College

• BWS letter to ONU President - Mr. Edward Miller

(Click here to download theses documents)

You will note, that since we have begun questioning the corporate governance of the College and make-up of the College Council, the Uniting Church (at least that who it should be), have recently elected no fewer than three new Councillors onto the Council of Newington College (during the 2024 year), four if you take into account Rev 'Oto Faiva who was elected in 2023. Now call us a cynic, however when the Headmaster sends an update to the parents and greater Newington community stating that 'the Governance is strong - fifty-eight percent of current Council Members have been on the Council for three years or less', he is playing in the 'grey'. Four out of the now 20 strong College Councillors have been appointed/elected since we began writing to the College, questioning their corporate governance or lack thereof. If one were to remove those four most recent appointments, then 43% of current Council Members have been on Council for three years or less, and the very scary number is that 31% of the Council have been there for nine years or longer or a whopping 44% for Councillors serving eight years or more. There is only one Councillor with any education experience and exactly zero with any experience in the type of institutional change that is proposed to occur at Newington from what we can extract from their bios on the College website. Most comparable schools, including MLC, PLC, KNOX and other similar charities have all moved to impose maximum terms on directors/trustees not exceeding nine years and it is precisely for this reason that we now have a divided Newington Community.

As we wait to hear back from the Attorney-General, I would like to share with you an extract from an email that we received from a supporter, whose family connection dates back and is synonymous with Newington itself:

May you keep strong. On behalf of my late father, John (Digger) Buchanan in particular, thank you for protecting Newington's heritage and all she stands for : "A school for the making of 'Cultured' young men".

What started as an ill-conceived decision by the College Council to attempt to move Newington from an all-Boys education institution into a co-education system, has developed into something much larger. It is no longer just a fight over co-education, but is indeed a fight over the people entrusted to continue the tradition of old, whilst steering Newington into the future.

As always as this matter progresses, we will endeavour to keep all of our supporters updated and informed.

Yours sincerely,

Newington Tradition Supporters Fund

 

 

 

25/07/2024

Newington Tradition Supporters Fund: Update #9 - Important legal update

See below important update from our friends at the Newington Tradition Supporters Fund (formerley the Newington Class Action Group):

  

Dear Newington Community,

It is with a heavy heart, that today we are able to announce, that our solicitors, Brown Wright Stein Lawyers have a submitted a draft Statement of Claim against the Council for Newington College and the individual Councillors of Newington College (and others) to the Attorney-General of New South Wales as required under the Charities legislation as the final step prior to commencing legal action against the Council.

The Attorney General is the Protector of Charities. The Attorney General represents the Crown as the protector of all property subject to charitable trusts. This is one of the Attorney General's prerogative powers.

Once the Attorney-General has reviewed the statement of claim and supporting documents, we are hopeful that his approval to commence proceedings will be forthcoming shortly thereafter.

Please note, this legal action is being undertaken on behalf of current parents (and on behalf of their sons) and is not to be confused with the current action being under taken by the Save Newington Group against the ONU, although we whole heartly support the SNC in their endeavours.

We will endeavour to keep you, our community, updated as this matter progresses. We appreciate everyone's patience in relation to the time that it has taken to get us to this point.

In the interim, if you have any specific questions or concerns, please do not hesitate to contact us via reply email.

Yours sincerely,

Newington Tradition Supporters Fund

 

This information was authorised by The Newington Tradition Supporters Fund.

Newington Tradition Supporters Fund - Important legal update:

25/07/2024

Dear Newington Community,

It is with a heavy heart, that today we are able to announce, that our solicitors, Brown Wright Stein Lawyers have a submitted a draft Statement of Claim against the Council for Newington College and the individual Councillors of Newington College (and others) to the Attorney-General of New South Wales as required under the Charities legislation as the final step prior to commencing legal action against the Council.

The Attorney General is the Protector of Charities. The Attorney General represents the Crown as the protector of all property subject to charitable trusts. This is one of the Attorney General's prerogative powers.

Once the Attorney-General has reviewed the statement of claim and supporting documents, we are hopeful that his approval to commence proceedings will be forthcoming shortly thereafter.

Please note, this legal action is being undertaken on behalf of current parents (and on behalf of their sons) and is not to be confused with the current action being under taken by the Save Newington Group against the ONU, although we whole heartly support the SNC in their endeavours.

We will endeavour to keep you, our community, updated as this matter progresses. We appreciate everyone's patience in relation to the time that it has taken to get us to this point.

In the interim, if you have any specific questions or concerns, please do not hesitate to contact us via reply email.

Yours sincerely,

Newington Tradition Supporters Fund

Update from the Newington Traditions Support Fund (formerly known as the Class Action Group).

09/02/2024

In line with all our correspondence to date, this information and the attachments contained within are to be considered ‘open’ correspondence - we do this for transparency.

The legal team have been working tirelessly and diligently over the past ten weeks, leaving no stone unturned in their fight against the Council and their decision to take Newington co-ed.

Attached is a timeline of the various legal letters that have been sent, listed via date order, including what response, if any, has been received to give you an idea of the effort that has been taking place over the last eight weeks.

Click here to view the legal letters referred above.

The more research and hours spent trawling over documents more than 160 years old, along with more current documents that the Council has used to rely on when making their decision, the clearer the position is that this is much more than an argument simply over whether the Council had the legal right to convert Newington into a co-education school, this is about transparency, accountability, integrity, governance and the ambivalence of the Council in all matters relating to the greater Newington community who didn’t share the same view of the world.

From the attached timeline of correspondence, you will see that our first letter was sent to the College on the 29 November 2023, merely one week following the Council’s announcement. Since that date, Brown Wright Stein, the law firm acting on our behalf in this matter, have sent no fewer than twenty-two letters and follow up requests to various parties involved in this process, seeking information. To date, we are yet to receive any substantial response from any of the parties we have written to, other than the Attorney General, who appears to be taking a keen interest in this process.

We are unsure why:

  • the school appears to be deliberately stonewalling our requests for information,

  • Ernst & Young, have been deliberately abrasive in their responses, whilst advising us in their last correspondence that they are no longer acting as the auditors of either Newington College or the Newington Foundation following the 2022 audit, or answering any of the questions we had posed to them,

  • the Newington Foundation, supposedly an independent charity to Newington College, referred us back to the Carrol O’Dea letter from Newington College, with no consideration to the fact that they are not controlled by the Council of Newington College or answering any of the questions we had posed to them,

  • the councillors have chosen to respond to our letters, not individually as we had written to them, but united via the Chairman, Tony McDonald, again referring us back to Carrol O’Dea response, without answering any of the questions we had posed to them,

  • the Church is taking so long to provide information, which, by all accounts, in todays day and age should be readily available at the click of a button.

The word ‘why’ seems to be reoccurring, and all stems from the Council’s initial decision, in which they still can’t explain, why.

From the beginning, whilst not in favour of the decision to go co-ed, our intent was merely to seek out information in relation to the establishment of Newington College, around trust deeds and other pertinent documents in order to better understand whether the Council was actually entitled, to not simply make the decision to move to co-ed, but, in fact, whether they could even research or expense any funds on anything that does not involve the education of boys and young men (youth).

Since our initial correspondence, and the more we investigate how the College has been run, including the consultation process that provided the Council with the confidence to make their decision, the more we begin to question the governance of the school and the parties in position of power.

Whilst we do not want to bombard you all with legal letters and responses that have been sent to date, we are attaching several of the various correspondence (redacted for personal email addresses only) so that you can read for yourselves the information that we are seeking and the questions that we would like answered. You will see that, if Newington, the Newington Foundation and the Uniting Church were transparent organisations, the information requested should not only be readily available, but should be provided willingly, and not due to parents chasing and threatening legal action. Whilst all of the correspondence is important, we specifically draw your attention to the attachment 2023.12.20 - Letter from Carroll O'Dea to Brown Wright Stein Lawyers_Redacted. Rather than seeking to answer the valid questions and requests for information, the Council through their Lawyers have instead chosen to attempt to question whether anybody can actually take action (has standing) against the Council's decision. The actions of the Councillors, Foundation and Church do not uphold the values that we, as current Newington parents, along with the Old Boys and greater Newington community have come to expect from the executive in charge of the School and responsible for educating our boys and young men.

Again, thank you to all of you who are supporting our current challenge against the College and College Councillors.

For all those who have contributed funds to this action, we again thank you. You will, if you haven't already, be receiving a receipt for your contributed amount for your records shortly.

This important work cannot continue without funds! Please dig deep and donate by clicking here.

As this email may be caught up in peoples spam or junk folders, please feel free to forward this email on to all parties who it may be of interest to.

Kind Regards

Newington Traditions Support Fund