The Baptist Union of Victoria (BUV) and Whitley College are going to the Supreme Court.
It is a sad state of affairs. This isn’t anything to gloat about or take joy in. After all, the Scriptures warn us about taking fellow Christians to court.
“If any of you has a dispute with another, do you dare to take it before the ungodly for judgment instead of before the Lord’s people? 2 Or do you not know that the Lord’s people will judge the world? And if you are to judge the world, are you not competent to judge trivial cases? 3 Do you not know that we will judge angels? How much more the things of this life! 4 Therefore, if you have disputes about such matters, do you ask for a ruling from those whose way of life is scorned in the church? 5 I say this to shame you. Is it possible that there is nobody among you wise enough to judge a dispute between believers? 6 But instead, one brother takes another to court—and this in front of unbelievers!
The very fact that you have lawsuits among you means you have been completely defeated already.” (1 Corinthians 6:1-7)
The fact that the parties are heading to the Supreme Court after a 9-year process signals the nature of the breakdown.
The issue relates to the sale of property used by Whitley College. The College Council sold the residential college (known as the Doughnut) and subsequently held the proceeds of the sale (and began using?). The BUV Council challenged both the sale and requested that the proceeds be turned over to the BUV in line with trust arrangements.
Questions were raised as early as 2016 when, to people’s surprise, the property was sold without informing the BUV. For the most part, discussions have taken place quietly in meetings and privately in boardrooms (which is appropriate for initial resolution seeking). When Union delegates have raised questions at various junctions, answers have either been missing or vague. When a report was given to the Baptist Gathering last year, the matter was addressed in such convoluted legal fashion that few had any idea what was being said.
But now, several years down the track since the property sale, the closed doors have been opened. The issue has been on the public record in the courts for some time, and more so now, through recent correspondence issued by the BUV Council and then from Whitley College Council. It is only a matter of time before the story is circulated even further.
On Wednesday, 24 September, the BUV Council sent a letter explaining that the matter is now going before the Supreme Court of Victoria. In the letter, they state,
“Although the property was held in the name of the Baptist Union of Victoria at the time it was sold, the charitable purposes for which the property was held were unclear, as no Trust Deed had been written setting out the terms. Being the named owner of the property, the BUV operated in good faith assuming charitable trustee responsibilities.
When the property was sold in 2016, the funds remained part of a charitable trust that the BUV must oversee. However, upon settlement of the $24.1 million, funds were directed away from the BUV as owner of the property and were not returned when requested.”
A few days (2nd October), Whitley College Chair and Principal issued a statement disputing the BUV Council’s interpretation of the situation,
“Whitley College has considered its position diligently, and has concluded that Whitley College has and continues to be the steward of these trust funds, faithfully applying them to the purposes of theological education and ministerial formation in line with the intent of those who contributed to the properties and its legacy.
While the BUV has presented a different interpretation, we are confident that the documentation demonstrates Whitley’s consistent and proper role as the steward of these resources. We believe that active involvement in the proceedings, including putting to the court an alternative position to the BUV, is the appropriate way to preserve Whitley’s access to funds, vital to its continued operations.”
I’m not here to take sides, but rather hoping to find answers. While murmurings about the dispute have been dripping in the background for years, the fact is, most BUV members have been left in the dark, and even now, remain unaware of the issues and processes that have led to Supreme Court proceedings. We have woken to learn that we are (essentially) suing ourselves. To say that many Victorian Baptists are stunned, angered, and perplexed this week is putting it mildly; most remain unaware. Hopefully they will become aware before some journalist reports the story. Indeed, we pray that it is resolved before this happens.
I appreciate that there are legal complexities here that require lawyers and legal process. However, the parties have reached the Supreme Court stage, while the churches and delegates have had near-zero prior knowledge of the situation. That’s a problem. The Churches aren’t a third party in this dispute, but very much involved. We (the churches) are the BUV (not the Council or the College), so how can it be that things have progressed to this stage (or rather, degressed) without thorough consultation, prayer, and conversation with the churches?
Earlier this year, I learned that the BUV has already paid more than $1 million in legal fees. I now believe the figure is $2 million. In addition, Whitley College has paid a vast sum for its own legal fees. Both amounts matter because the money belongs to the Baptist family. Indeed, the land, the sale proceeds and the legal costs belong to us.
I have no doubt that all sides involved are troubled by what has transpired, but the lack of transparency is significant; the BUV is taking itself to court and only informing the family at the 11th hour.
The presenting issue is a legal one, but it is also a spiritual and moral one. Both parties are expressing concern; however, this doesn’t mitigate the situation before us. Who will be held to account? Think of what our churches could do with $2.5+ million for mission and ministry?
This is just one of many issues that need resolution.
Last year, the BUV caught attention amongst the major Victorian Christian denominations with its controversial ‘Guide for the Baptist Union of Victoria’, a document produced by the Victorian Government to inform our churches how to deal with questions of sexuality and gender in our churches. On top of that, a breakaway Baptist group calling themselves the ‘Open Baptists’ are setting up an alternative association in NSW and ACT (who formed as a response to Baptists holding a biblical view on marriage and human sexuality). In Victoria, a small group of churches wanting to remain within the BUV are also joining the progressive ‘Open Baptists’.
Whitley College has been a bone of contention among BUV churches for decades. While the College receives students from some quarters, many churches prefer to send students to evangelical colleges for training. Of note, as of this year, NSW’s Morling College has begun teaching units in Melbourne.
Is it time to clarify the role and place of the college?
Should questions be raised about Whitley’s association with the University of Divinity?
How is the Whitley Council accountable to the BUV (the churches) for its financial management?
Is it time to rethink property trust arrangements?
Many of these questions are not new, but are rooted in historical and theological disagreements that go back decades. In attempting to exist as an association with a theological tent as broad as the Pacific Ocean, it is a case about money and property that has taken us to court against ourselves.
Again, such a thing brings sadness. As someone who loves being a Baptist in Victoria and who longs for our churches faithful and growing in the gospel, something has gone seriously wrong, and now it’s out in the open. We rejoice in good things God is doing but the churches require full transparency and accountability from our agencies and councils.
One thing I am confident about is that our BUV needs and appreciates the prayers of God’s people.
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