If you think that you or your child may be eligible to be a Group Member to the current representative complaint and you or your child would like to be involved in it, please register here.

Who is the Brighton Secondary College Representative Complaint brought against, and what is the claim for?

The Brighton Secondary College Representative Complaint is brought in the Australian Human Rights Commission (AHRC) against the State of Victoria (the first respondent, the State) and Mr Richard Kurt Minack (the second respondent), formerly the principal of Brighton Secondary College (BSC).

The Representative Complaint is brought by seven Jewish former BSC students in their own right (the Complainants), and on behalf of all Jewish students who attended BSC between 2015 and 2020 (the Period).

The Representative Complaint alleges that during the Period, Mr Minack as principal of BSC engaged in unlawful discrimination contrary to section 9(1) of the Racial Discrimination Act 1975 (Cth) (RDA), by his failures and omissions to:

1. 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; and
2. 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.

By the operation of section 18 of the RDA, the unlawful discrimination provisions of the RDA apply to the State as if the State had engaged in the failures and omissions of Mr Minack referred to above (this is referred to as “vicarious liability”).

The Complainants allege that the unlawful discrimination of Mr Minack had the purpose or effect of impairing the recognition, enjoyment or exercise on an equal footing of the human rights in public life of the Complainants and Group Members (the definition of Group Members is below), those human rights being:

1. the right to security of person and protection;
2. the right to education;
3. the right to preserve their Jewish identity; and
4. the right to equal participation in cultural activities.

In addition to the allegations of contravening the RDA, the Complainants allege that the State vicariously and Mr Minack directly as principal of BSC are liable in negligence for their failure to take reasonable steps to protect Jewish students from antisemitic bullying and harassment including swastika graffiti, causing those students to suffer physical or psychiatric injury during the Period.

The Complainants seek (on their own behalf and on behalf of the Group Members) from the State and Mr Minack various forms of remediation, including compensation for all loss and damage (including aggravated and/or exemplary damages, economic losses and non-economic losses) suffered by them due to the failures and omissions of the State and Mr Minack.

Who are the Group Members in the Brighton Secondary College Representative Complaint?

The Group Members are all Jewish students who attended BSC in whole or in any part during the period of 2015 to 2020, apart from the five applicants who had their discrimination claims resolved in the Federal Court of Australia case Kaplan v State of Victoria (which was not a representative action).

Who are the Complainants, and what are their roles and responsibilities?

The Complainants are seven Jewish former students who attended Brighton Secondary College during the period.

The Complainants bring the representative complaint on their own behalf and on behalf of Group Members who also have claims against the State and Mr Minack.

They are the clients of Cornwalls and as such will provide instructions to Cornwalls on their own behalf and as representatives for the Group Members regarding the conduct of the case, including in relation to any offer of settlement.

If the complaint is terminated in the AHRC and legal proceedings are subsequently commenced in the Federal Court of Australia or Federal Circuit and Family Court of Australia, the Complainants will likely become the applicants in those proceedings.

What is a representative complaint in the Australian Human Rights Commission and what is its current status?

The AHRC is established by the Australian Human Rights Commission Act 1986 (Cth) (AHRC Act). The essential function of the AHRC is to inquire into and help resolve complaints about discrimination and breaches of human rights.

The AHRC Act provides that a person may lodge a “representative complaint” regarding alleged acts, omissions or practices which constitute unlawful discrimination. A representative complaint can be lodged only if:

1. the class members have complaints against the same person;
2. all the complaints are in respect of, or arise out of, the same, similar or related circumstances; and
3. all the complaints give rise to a substantial common issue of law or fact.

The Complainants lodged the current representative complaint on their own behalf and on behalf of the Group Members, as the above criteria is satisfied in this matter.

The main way the AHRC tries to resolve complaints is by conducting conciliations. A conciliation is a process where the complainants and the respondents try to resolve the complaint with the help of a conciliator (usually a staff member of the AHRC), without going to court.

If I think that I might be eligible to be a Group Member, how do I get involved?

The first thing to do is to register your interest and fill in the requested details via the registration link above. A parent can also complete the registration form on behalf of their child.

Once you have registered, a Cornwalls’ staff member will contact you to discuss your/your child’s experience at BSC and to confirm your/their eligibility as a Group Member.

Once I am confirmed as a Group Member, what do I need to do to participate?

As a Group Member, you will have a largely passive role in the conduct of the complaint. Following the initial discussion with a member of Cornwalls’ staff as mentioned above, we may contact you to obtain more details about your/your child’s experience at BSC and loss and damage from your/your child’s experience at BSC, and/or to update you on the progress of the complaint. You will need to provide details of your claim to obtain any potential compensation.

If the AHRC process does not resolve the complaint, court action may be started. You/your child may also be a Group Member to that court action.

How do I stay up to date on the progress and outcome of the complaint?

When you register your/your child’s interest in being a Group Member, you will provide us with an email address and your mobile phone number. We will contact you by email from time to time to update you on the progress of the complaint.

Will I be charged for participating as a Group Member?

The representative complaint is being run on a “no win, no fee” basis.

This means that you do not need to pay any legal fees in relation to the action, unless there is a successful outcome of the complaint. A successful outcome of the complaint in this context means a settlement or resolution resulting in the receipt of settlement money. If a successful outcome is reached, any financial contribution towards the legal costs will only be deducted from the pool of settlement funds received as a result of the action, whether through a settlement or a court decision.

If there is no settlement or resolution of the complaint, you will not have to pay anything. In other words, you will be in the same position as you are today.

If the complaint is not resolved in the AHRC, court action may be brought. Cornwalls would look to run that court action on a similar “no win, no fee” basis.

Court House Capital (CHC), a litigation funder, has provided some funding towards the conduct of the complaint and may provide additional funding for progressing the complaint and related investigations and steps. If there is a settlement outcome in the manner described above, your financial contribution as a Group Member may also be towards repayment of CHC’s funding and payment of their fees. Again, if there is no settlement or resolution of the complaint, you will not have to pay anything to CHC or anyone else.

Cornwalls will seek additional funding from CHC to pursue any court action if the complaint is not resolved in the AHRC. CHC has agreed to participate in good faith negotiations for the potential funding of such court action, and it has the first opportunity to do so. In the event that CHC declines to fund any court action, Cornwalls may seek funding from an alternative litigation funder.

Who can I contact for more information?

For more information about the representative complaint, you may contact Cornwalls using the below details. You will not be charged for making such enquiries.

+61 3 9608 2238

2025-08863enquiries@cornwalls.com.au

Cornwalls is committed to respecting your privacy and personal information. This Privacy Policy sets out our guidelines for collecting and managing the personal information of our clients or potential clients and their associates and contacts, group members and potential group members to a class action, as well as employees, prospective employees, contractors and suppliers, and other visitors to our website and those who contact us, including by reference to our obligations under the Australian Privacy Principles contained in the Privacy Act 1988 (Cth).

Please read our Privacy Policy in full. Your use of our services, including by using our website or electronic platform (such as a group member portal), constitutes acknowledgement of the terms of our Privacy Policy. If you do not want your information collected and held in accordance with this Privacy Policy, or if you have any questions about the policy, please contact us.