Christian Porter’s ABC defamation case: Sue Chrysanthou hearing begins

Lawyers for former Attorney-General Christian Porter have questioned the true motives of a legal challenge which could see his high profile barrister kicked off of the case.

The ex-boyfriend of Kate, Christian Porter’s accuser, will give evidence at the court hearing that could see the politician’s barrister kicked off the case.

Mr Porter is suing the ABC for defamation claiming they identified him as the subject of a historical rape accusation by a woman known as “Kate”.

The former Attorney-General denies all wrongdoing and Kate took her own life last year after declining to be interviewed by police.

Kate’s friend, Jo Dyer, launched a separate legal challenge saying barrister Sue Chrysanthou SC gave her legal advice in the fallout of the ABC’s story late last year.

Barrister Sue Chrysanthou (left) and Bret Walker SC (right) arrive at the NSW Supreme Court on May 14. Picture: Getty Images

Ms Chrysanthou, months after the meeting, took on Mr Porter as a client.

Ms Dyer claims she could put “confidential information” in the politician’s arsenal against the ABC and wants Ms Chrysanthou kicked off the case.

“Ms Chrysanthou’s receipt of that information is confidential and those topics are likely relevant to Mr Porter’s defamation case against the ABC,” Ms Dyer’s barrister Michael Hodge QC told the Federal Court on Monday.

Kate’s ex-boyfriend James Hooke was also at the meeting with Ms Dyer and Ms Chrysanthou, the court heard, and he is expected to give detailed evidence about what was discussed.

Mr Porter’s legal team, who are fighting to keep Ms Chrysanthou on board, said they’d only been given Mr Hooke’s statement on Saturday.

Former Attorney-General Christian Porter denies all wrongdoing. Picture: NCA NewsWire/Sharon Smith

The politician’s barrister, Christopher Withers SC, said the delay raises questions about the true motivation of Ms Dyer’s case.

Mr Withers claimed Mr Hooke’s affidavit appeared to show some of the confidential information was actually his - and not Ms Dyer’s.

“He has no right to restrain Ms Chrysanthou in this case as she was never his lawyer,” Mr Withers said.

“Is it the case that the objective is to stop Ms Chrysanthou acting but is it to really protect (Mr Hooke’s) confidential information?”

Mr Withers asked for Mr Hooke’s pre written evidence to be excluded from the case but Judge Thomas Thawley disagreed.

The judge said it was in the public interest and important for the court to understand the specific information that allegedly passed between the barrister and Ms Dyer.

Barrister Sue Chrysanthou represents Christian Porter. Picture: Getty Images

The court heard the ABC and Mr Hooke will likely have to hand over any documents or communications they shared about the meeting between Ms Dyer and Ms Chrysanthou.

Mr Withers said the entire case was “a storm in a teacup” and Ms Chrysanthou had only spoken to Ms Dyer about one article in The Australian.

“Whether (the meeting with Ms Chrysanthou) was an hour or hour and a half doesn’t matter much. It doesn’t matter if there was follow up advice. The advice was confined to that topic - the article in The Australian.”

Ms Dyer has extensively tweeted and written about Kate’s allegations, the court heard, and Mr Withers argues that means any information that could be confidential was likely in the public domain already.

Mr Withers said the case against his fellow barrister was “hopelessly inadequate” because it had failed to explicitly detail the confidential information.

He warned the addition of Mr Hooke’s evidence could delay the case and the important hearing in the ABC defamation case next week as well.

The court was repeatedly closed on Monday as the details of the alleged confidential information was discussed only by senior lawyers and the judge.