Judge notes niggle between lawyers in QUT race-hate case

A barrister ­appeared to fling a bundle of documents at a lawyer in the Federal Circuit Court as he sat beside her.

Solicitor Meaghan Scanlon is the Labor candidate in the seat of Fadden. Picture: Luke Marsden.

A judge in a racial vilification case pitting university students against an indigenous administrative officer over Facebook posts yesterday noted tensions and “acrimony” ­between the opposing lawyers.

Barrister Susan Anderson ­appeared to fling a bundle of documents at Michael Henry, a lawyer for two of the students, as he sat ­beside her during legal argument in the Federal Circuit Court in Brisbane. It was unclear whether judge Michael Jarrett saw the incident, witnessed by other lawyers and The Australian.

However, Justice Jarrett said: “There seems to be a fair bit of ­acrimony between the solicitors and lawyers.”

The lawyers for the students in the case, which has gone forward under the Racial Discrimination Act’s section 18C, are Tony Morris QC and Michael Henry. Mr Morris and Mr Henry have sought to have the case dismissed.

Outside the Federal Circuit Court proceedings, they have filed formal complaints against the Human Rights Commission for ­allegedly botching the case and ­violating the students’ human rights.

The lawyers for Cindy Prior, the indigenous Queensland University of Technology administrative officer who launched the racial hatred case, are solicitors Susan Moriarty and Labor candidate Meaghan Scanlon, as well as barrister Ms Anderson. They want the 18C case advanced to address the hurt and distress Ms Prior says she suffered after her action in turning the white students away from an indigenous-only computer lab at QUT led to a series of Facebook posts, resulting in her inability to work for about 2½ years. Ms Prior is seeking $250,000 in damages.

Justice Jarrett’s observation of the acrimony between lawyers came as Ms Anderson issued a courtroom apology after earlier claiming Ms Scanlon could not go in the witness box yesterday because of campaign commitments on the Gold Coast with Bill Shorten. She is the Labor candidate in the Gold Coast seat of Fadden.

The Opposition Leader did not venture to the Gold Coast yesterday morning for any campaigning with Ms Scanlon. Mr Morris, for student Calum Thwaites, told the court Mr Shorten was in fact campaigning in Sydney.

Mr Morris had put Ms Scanlon on notice that he wanted to cross-examine her about her affidavit last month that outlined a bid to compel Facebook in Ireland to ­release information that could identify one of the students.

Ms Anderson told Justice Jarrett she should have said Ms Scanlon was campaigning “with the opposition”, not “with the Opposition Leader”.

“I apologise for misleading the court. I misunderstood my ­instructions,’’ Ms Anderson said.

Mr Morris said it was the sort of thing that if there were not an innocent explanation, would be referred to the Legal Services Commission, but Justice Jarrett said it was a mistake and not ­untoward.

Mr Henry, who appeared surprised when the bundle of documents landed on him, told the court the students wanted the matter dealt with as soon as possible as it was causing them significant strain.

Justice Jarrett has reserved his decision on the application to have Ms Prior’s case dismissed.