With receiving only a payout of almost $1 million, the family of the bullied teen Alex Wildman said "they were relieved to be spared a lengthy and costly legal battle with the Department of Education."
William and Justine Kelly, the step father and mother of the 14 year old Alex, were at the District Court in Sydney yesterday as a judge was told their case against the state had been settled out of court.
Coincidentally, the decision coincided with yesterday's national day of action against bullying.
Alex committed suicide in June 2008 after he was bullied by other students at Kadina High School, near Lismore on the far north coast.
A coronial inquest in 2010 found that the teenager had been "driven" to take his own life as a result of the torment, which included bashings in the playground which were filmed and episodes of cyber bullying.
Mr and Mrs Kelly sued the Department of Deucation for damages on behalf of two of their children, who have struggled to cope with Alex's death.
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In the statement of claim filed with the court last year, the family claimed that the department had breached its duty of care, saying Kadina High School "owed Alex a duty to recognise that he was in need of assistance for being physically assaulted". "As as a result of the negligence of the (department), they have suffered injury, loss and damage," the claim said.
Greg Walsh, the solicitor representing the family, told the District Court that the family had agreed to settle following discussions with lawyers for the Education Department.
It's understood the payout is close to $1 million, and will be held in trust until the two children turn 18.
Mr Walsh said if the case had proceeded to a hearing it would have "dragged out" and caused additional trauma to a family still grieving for their son because they would have been forced to prove "the causation" of his death in spite of the inquest findings.
"The tragedy of Alex is there every day of their lives," Mr Walsh said.
"The implications of litigation would have had very, very serious consequences for this family."
Judge Dianne Truss noted the judgment was "approved" for the plaintiffs, adding that the payment would "be deferred" until the children turn 18.
Outside court, Mrs Kelly said Alex "would have been proud" of the family's continuing fight to eliminate bullying in schools.
"It means that we've been vindicated, it means that justice has been served," she said.
"I think Alex would be proud because it's been a long, hard fight for everyone."
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