Christian Porter launches legal action to ensure ABC’s ‘scandalous’ defence kept secret

Former Attorney-General Christian Porter has launched legal action to ensure “scandalous” elements of the ABC’s defence be kept secret.

There has been a development in Christian Porter’s defamation case. Picture: NCA NewsWire/Sharon Smith

Former Attorney-General Christian Porter has launched legal action to ensure “scandalous” elements of the ABC’s defence in a defamation case over a historical rape allegation is kept secret on the grounds it is an abuse of the court.

The Federal Court has confirmed that Mr Porter, who strenuously denies he raped a teenage girl at a school debating contest in the 1980s has applied today for parts of the ABC’s defence to be treated as confidential and for some arguments to be struck out.

His accuser died by suicide last year shortly after telling police she did not want to proceed with the complaint. But friends of the dead woman wrote to the Prime Minister earlier this year demanding an independent inquiry. It is the ABC’s report of that letter that is the subject of the defamation action.

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Mr Porter’s legal application to ask the Federal Court to strike out some elements of the ABC’s legal defence and to ensure other elements remain secret will now be considered by Justice Jagot.

Last night, the ABC indicated it would be oppose the application on the grounds it was in the public interest that all the materials in the defence are disclosed.

“The ABC supports having all materials in these proceedings, which are in the public interest, open to public scrutiny,” the spokesperson said.

According to the document filed by Mr Porter’s lawyer Rebekah Giles, his legal team is seeking to strike out “Schedules 1, 2 and 3 of the Defence dated 4 May 2021.

Court documents obtained by news.com.au.

The material is “to be treated as confidential and is not to be distributed to any third party outside of the proceedings.”

“Until further order of the Court, no access is to be granted to any third party,’’ the application states.

“Pursuant to Rule 16.21(1) FCR paragraphs 14 and Schedules 1, 2 and 3 of the Defence be struck out, or such portions thereof as found by the Court to fall within

“Pursuant to Rule 16.21(2) FCR Schedules 1, 2 and 3 of the Defence (or parts thereof) be removed from the Court file as they contain material of a kind mentioned in Rule 16.21(1)(a), (b) and/or (c) or are otherwise an abuse of the process of the Court.

Federal court rules state that a party may apply to the Court for an order that all or part of a pleading be struck out on the ground that the pleading:

(a) contains scandalous material; or

(b) contains frivolous or vexatious material; or

(c) is evasive or ambiguous; or

(d) is likely to cause prejudice, embarrassment or delay in the proceeding; or

(e) fails to disclose a reasonable cause of action or defence or other case appropriate to the nature of the pleading; or

(f) is otherwise an abuse of the process of the Court.

Mr Porter is also seeking an order that the ABC to pay his legal costs for the interlocutory orders.

The ABC lodged its defence earlier this week but it has not been publicly released.

Earlier this week the Federal Court confirmed that discussions were underway between the parties concerning the publication of the defence.

Justice Jagot had proposed to allow the parties a reasonable opportunity to complete these discussions before the uploading of the documents to the online file.

As a result of the negotiations, it’s still not clear if the national broadcaster will be arguing the defence of “truth” in the defamation case over reports an unnamed cabinet minister was accused of a historical rape at a school debating conference in 1988.

Former attorney-general Christian Porter. Picture: Joel Carrett

Lawyers acting for Mr Porter have previously challenged the ABC to run a defence of truth in the proceedings.

The defamation action concerns an ABC online article published before Mr Porter outed himself as the cabinet minister at the centre of the alleged anal rape of a 16-year-old girl in 1988.

“If the ABC and Ms Milligan wish to argue the truth of the allegations, they can do so in these proceedings,’’ lawyer Rebekah Giles said.

However, if the interlocutory order is granted elements of the ABC’s defence will be struck out or remain confidential.

Ms Sue Chrysanthou SC will appear for Mr Porter in Friday’s hearing into the application.

In further documents released on Thursday evening the ABC has revealed the original article in question outlinging the rape allegations had 287,233 unique page views between February and April this year.

The original statement of claim lodged by lawyers acting for Mr Porter argued the article was defamatory of Mr Porter and contained a number of defamatory imputations including that he:

- Porter brutally annally raped a 16 year old in 1988

- Porter’s brutal and anal rape of a 16 year old girl contributed to her taking her own life

- Porter is reasonably suspected by police of brutally and anally raping a 16 year old girl in 1988, warranting criminal charges against him

The legal action also relates to a November, 2020 online article that Mr Porter’s lawyers argue suggested that the MP is “a sexist and misogynist” and has a “reputation for making unwanted sexual advances” and had been accused of an “inappropriate sexual relationship with a female ministerial staff member.”

Prime Minister Scott Morrison has previously also told Parliament that the defamation claim can be “rightly addressed through our courts.”

“The Attorney-General has announced that, in private capacity, he is pursuing a defamation action against those that have raised those issues,’’ he said.

“That matter will be considered where it should, in a court of law. The arguments will be made, the evidence will be presented and that matter can be rightly addressed through our courts, where it should be. That is the approach which I think best addresses the matter.”