Christian Porter to pay massive bill after losing Federal Court appeal

The former attorney-general has suffered a devastating court blow that could cost him hundreds of thousands of dollars in legal costs.

Former attorney-general Christian Porter has lost an appeal against a Federal Court decision banning his barrister from acting in his defamation case.

Jo Dyer launched legal action last year, which resulted in top defamation barrister Sue Chrysanthou SC being banned from representing Mr Porter in his case against the ABC.

Mr Porter launched an appeal in April to overturn the court’s decision, which resulted in Mr Porter being ordered to pay $430,000 of Ms Dyer’s costs.

Justice Anthony Besanko on Thursday handed down a judgment saying all three justices who presided over the case - including himself, Michael Lee and Wendy Abraham - agreed to dismiss the appeal.

Former attorney general Christian Porter has lost an appeal in the Federal Court. Picture: NCA NewsWire / Sharon Smith

They ordered Mr Porter to pay Ms Dyer’s costs.

Ms Dyer claims the defamation lawyer was given “confidential information” while advising Ms Dyer on a separate matter in 2020.

Justice Thawley sided with Ms Dyer, forcing Ms Chrysanthou to stop working for Mr Porter to prevent the “potential misuse of confidential information”.

The court was told in between the Four Corners episode airing and the ABC online story being published, Ms Dyer and Ms Chrysanthou met in November 2020 to discuss an article about Ms Dyer in The Australian.

Three months later, the ABC published a story online which referred to an unnamed cabinet minister being accused of rape.

The minister was later revealed to be Christian Porter, who has consistently denied any wrongdoing.

Jo Dyer launched Federal Court action after objecting to Christian Porter’s choice of legal representation. Picture: AAP

Ms Dyer was friends with the woman who claimed she was raped. The woman declined to be interviewed by police and took her own life.

Ms Chrysanthou claimed the meeting lasted less than an hour and in March 2021 Christian Porter asked her to represent him in his case against the ABC.

Ms Dyer was a potential witness for the ABC in the defamation proceedings.

During the appeal hearing, Mr Porter’s barrister Bret Walker SC argued the information about allegations against Mr Porter was no longer confidential and Ms Dyer did not want them to remain confidential when she met Ms Chrysanthou.

Sue Chrysanthou’s meeting with Jo Dyer lasted less than an hour but the dispute about it has dragged on for almost a year. Picture: NCA NewsWire / Adam Yip

“They were not intended by her to be kept confidential,” Mr Walker said.

“The very opposite.

“Mr Porter is obviously somebody to whom [Ms Dyer] has exhibited a high level of disapproval, [she] wishes him ill, to put it bluntly.”

Mr Porter has quit politics and returned to work as a lawyer in Western Australia.