A south-west Victorian family has resolved its Supreme Court claim over a 2021 school excursion that left their young son with a lasting psychological injury and claimed the life of one of his classmates. Arnold Thomas & Becker’s Warrnambool office acted for Bradley and Pearly Sutton and their son, who was a Year 2 student at Merrivale Primary School when he almost drowned at Belfast Aquatics in Port Fairy on 21 May 2021. The matter has now settled on confidential terms. What happened at the pool During a school camp, students visited the Port Fairy community pool, where an inflatable obstacle course had been set up over deep water. The Suttons’ son was a non-swimmer, yet he was allowed onto the inflatable. He got into trouble in the water and was pulled out after someone raised the alarm. His classmate Cooper Onyett, who had shared a bunk room with him the night before, did not survive. The claim The family took action in the Supreme Court of Victoria against the State of Victoria, through the Department of Education, and the Port Fairy Community Pool Management Group Inc, which ran Belfast Aquatics until the pool closed in November 2025. The parents’ claims and their son’s claim were run together as a single case. The parties reached a settlement without the need for a trial. The terms are confidential. A lasting impact on a young boy and his family More than five years later, the Suttons’ son is still living with the effects of that day. His father has spoken about how much his son continues to struggle: he misses a large part of the school year, and he has not been back in a pool since. The Suttons have been conscious throughout that their son came home that day while the Onyett family’s did not. They have also been clear that they don’t want to see pools close or children stop swimming. They simply wanted to do right by their son. Why this case matters beyond one family “This case was always about more than one family,” said Nicole Elliott-Struth, Principal at ATB’s Warrnambool office. Nicole said the case raised serious questions for anyone responsible for children around water. In particular, it looked at how information about a child’s swimming ability passes from a school to the venue it visits, and how inflatables and deep water are supervised when young children are in the pool. The family hopes their experience will prompt schools, councils and aquatic centres across Victoria to review their own practices. Resolving the claim without a trial also gives the Suttons the certainty to put the legal process behind them and focus on their son’s recovery. Questions every school water activity should answer Whether you run an excursion, manage a venue or are a parent signing a permission form, these questions are worth asking before children get in the water: Does the venue know which children can’t swim, or can only swim weakly? Are non-swimmers kept out of deep water, and off inflatables set up over deep water? Is there enough supervision, with lifeguards and staff actively watching the water rather than the pool deck? Is each child’s swimming ability confirmed before the session, rather than assumed? Parents: have you told the school in writing what your child can and can’t do in the water, and asked what water activities are planned? If your child has been hurt Schools, venues and other organisations that run activities for children owe them a duty of care. If your child has been injured, physically or psychologically, on a school excursion, at a pool or in another public place, you may be able to claim compensation on their behalf. Parents may also have claims of their own. Claims involving children have their own rules. Time limits can work differently, and in Victoria any settlement of a child’s claim generally needs court approval. Getting advice early helps protect your family’s options. Nicole Elliott-Struth and ATB’s Warrnambool team act for injured people and their families across south-west Victoria in public liability claims. call 1300 333 300 for a confidential chat about your situation. Our thoughts remain with Cooper Onyett’s family and the Merrivale Primary School community. Original story published in The Warnambool Standard 10.11.26.