Christian Porter defamation case paused until barrister Sue Chrysanthou conflict is resolved

Christian Porter’s defamation action against the ABC will be paused until the resolution of a legal tussle over his Sydney barrister.

Barrister Sue Chrysanthou is leading Christian Porter’s defamation case against the ABC. Picture: David Gray/Getty Images

Former Attorney-General Christian Porter’s defamation action against the ABC will be paused until the resolution of a legal tussle over his Sydney barrister and whether she has a conflict of interest in the case.

Mr Porter’s defamation barrister Sue Chrysanthou, SC, is facing legal action on the basis that she previously advised a friend of the woman who accused Mr Porter of rape. Mr Porter strenuously denies the allegation as baseless. His accuser died by suicide last year.

Adelaide Writers Festival Director Jo Dyer, who attended Adelaide University with Mr Porter’s accuser in the 1990s and knew her earlier through debating circles, has sought an order restraining Ms Chrysanthou from acting in the case.

Her lawyers have argued “the order is necessary to prevent prejudice to the proper administration of justice, and to preserve confidentiality and legal professional privilege”.

Despite objections from his legal team this morning including Bret Walker SC, the legal application to exclude Ms Chrysanthou will now be heard first, on May 24.

The ABC’s legal team is being led by two top silks — former commonwealth solicitor-general Justin Gleeson SC and defamation barrister Renee Enbom SC.

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Barrister Sue Chrysanthou is leading Christian Porter’s defamation case against the ABC. Picture: David Gray/Getty Images

Mr Gleeson argued that the matter should be adjourned until the legal tussle over Ms Chrysanthou was resolved.

“If the findings are that Ms Chrysanthou ought not to have been in this matter from the first place, every continued involvement she has in the matter in her continued presentation to the court, it is a further risk,’’ he said.

“It’s a risk. That is a risk to the administration of justice and that is the primary reason why your honour would be entitled to make these orders if you were so minded to.”

“That level of risk, from an officer of the court who has that fundamental conflict hanging over them, that harm is continuing and being repeated by every step that is going on in the matter. It’s a harm that is identifiable but very difficult to unwind after the event.”

Justice Jayne Jagot told the court that the best approach was to pause the matter and adjourn until the legal question was resolved.

“I accept, to some extent, the eggs are already scrambled, I guess,’’ she said

“My view is that the risk which was on my mind when I came into court, which is the same risk that Mr Gleeson has identified, that is, that we shouldn’t be adding more eggs to the bowl.”

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The former Attorney-General is suing the ABC and journalist Louise Milligan over an online article revealing a letter had been sent to the Prime Minister outlining a rape allegation against a Cabinet minister. Mr Porter was not named but he alleges he was identifiable.

Earlier, Federal Court Justice Jayne Jagot told a hearing she has two options in relation to the matter to ensure the integrity of the proceedings and the proper administration of justice.

“There is an outstanding application that Ms Chrysanthou it is said cannot appear in these proceedings,’’ Justice Jagot said.

“That application is listed for hearing on the 24th of May. It seems to me … that I have two options. Option one is to stay this proceeding until that issue is determined one way or another and Ms Chrysanthou can appear consistent with the need for the proper administration of justice. So be it if she can’t.

“Option two is less extreme and it recognises that the only person who is the subject of any allegation that she can’t appear is Ms Chrysanthou. Which would mean if Ms Chrysanthou would give an undertaking that she would effectively have no involvement in these proceedings unless and until the other proceeding is determined in her favour. This proceeding could continue with Ms Chrysanthou effectively isolated.”

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Christian Porter strenuously denies any wrongdoing. Picture: NCA NewsWire / Gary Ramage

Ms Chrysanthou is one of Australia’s top defamation lawyers having previously provided legal representation to actor Geoffrey Rush, former managing director Elaine Stead, former Liberal staffer Brittany Higgins and Greens Senator Sarah Hanson-Young.

Barrister Noel Hutley, SC, who is representing Ms Chrysanthou has told the court in separate hearings on the conflict of interest application that she will give evidence that she has in effect “no substantive recollection of what is said to have been reported to her” by Ms Dyer.

“My client’s position is that she is a member of the bar. She is an officer of the court. She will do anything that the court thinks she ought to do,’’ he said.

In a statement Mr Porter, who strenuously denies that he raped the teenager in 1988, has previously argued that he must be offered the right to choose his own barrister.

“Ms Chrysanthou is one of this country’s pre-eminent defamation advocates,” he said in the statement.

“It is a critically important right for any citizen in legal proceedings to choose his or her own counsel.”