Court releases heated emails between lawyers for Christian Porter, ABC

ABC accused of using a legal fight over Christian Porter’s barrister in a bid to ‘avoid’ defamation case trial date.

Christian Porter is suing the ABC for defamation. Picture: NCA NewsWire / Sharon Smith

The ABC has been accused of using a legal tussle over a barrister representing Christian Porter in a bid to “avoid” a trial date in the former attorney-general’s defamation case against the national broadcaster.

The Federal Court has released a series of emails between the warring parties, revealing a heated debate about whether Sue Chrysanthou, SC, should be restrained from acting for the cabinet minister.

Jo Dyer, director of the Adelaide Writers Week, launched Federal Court action last week in an effort to stop Ms Chrysanthou from acting for Mr Porter.

This was on the grounds that she had given the barrister confidential information when she was acting for her in another matter that was relevant to the defamation case. Ms Dyer is not a party to Mr Porter’s case.

The emails, published by the Federal Court on Monday, detail allegations made last week by the ABC that Ms Chrysanthou had possibly misused “confidential information” obtained from Ms Dyer.

Mr Porter, 50, is suing the ABC and journalist Louise Milligan over an online article published on February 26, which reported that an unnamed cabinet minister was facing historical rape allegations.

Ms Dyer, a friend of the woman who alleged she had been raped by Mr Porter in 1988, has claimed she sought advice from Ms Chrysanthou in relation to an article published in The Australian about her appearance in a November Four Corners episode. Ms Dyer’s friend, known as “Kate”, died last June.

Barrister Sue Chrysanthou. Picture: David Gray/Getty Images

On Thursday, the ABC wrote to Mr Porter’s lawyers claiming Ms Dyer had alleged that she provided Ms Chrysanthou with “confidential information” which related to Mr Porter’s defamation case.

“Counsel for Ms Dyer submitted to His Honour Justice Thawley in a hearing [on 12 May] that there was a possible misuse of confidential information by Ms Chrysanthou,” the email said.

“We understand this to mean that Ms Chrysanthou has possibly used confidential information obtained from Ms Dyer in acting for Mr Porter in the proceedings against our clients.”

But in a fiery reply sent two hours later, Mr Porter’s lawyer Rebekah Giles said the ABC should withdraw their “improper” allegation about Ms Chrysanthou “immediately.”

“Contrary to your assertion, there is no allegation that Ms Chrysanthou has possibly misused confidential information. Your allegation is improper and should be withdrawn immediately,” Ms Giles wrote.

“Are you seriously suggesting that your clients were not aware Ms Dyer had been threatening this application? If that is your position, we request an affidavit attesting to this.”

Ms Giles said that she would seek production of “all” communication between the ABC and Ms Dyer and “any other person in relation to this matter.”

“You have neglected for a week to inform us of your clients’ position in relation to the hearing date. It is clear to us that your clients are trying to avoid a hearing a date,” she wrote.

Mr Porter, now industry minister, outed himself as the unnamed minister five days after the ABC published the online article and launched the defamation action on March 15.

On Friday, the Federal Court agreed to delay a case management hearing that had been due to occur until May 26 because of the legal bid to oust Ms Chrysanthou.

Justice Jayne Jagot said she accepted that to some extent, “the eggs were already scrambled”, given Ms Chrysanthou had been ­involved in the defamation case from the outset.

However, she said she did not wish to risk “adding more eggs to the bowl” and potentially further impacting the integrity of the defamation proceedings.

Ms Chrysanthou is due to represent Mr Porter at a crucial hearing on June 1 and 2 to decide whether substantial parts of the ABC’s defence should be struck out.

She has not been prevented from continuing to be involved in the case or to help prepare for the hearing.