Setback for One Nation adviser James Ashby’s $4.5m legal bid

Political staffer James Ashby has lost part of his case to have a $4.5m legal bill excused when he sued former speaker Peter Slipper.

James Ashby. Picture: AAP

Political staffer James Ashby has lost part of his case to have a $4.5m legal bill excused when he sued former speaker Peter Slipper paid by the commonwealth.

Mr Ashby, now One Nation leader Pauline Hanson’s chief of staff, wanted the Finance Department to make an “act of grace” payment to cover those expenses.

The legal costs were incurred in April 2012 when Mr Ashby sued Mr Slipper, for whom he previously worked, alleging he was harassed through unwanted sexual advances and hundreds of suggestive text messages.

He also claimed Mr Slipper had asked him to shower with the door open in a Canberra flat. Mr Slipper denied the claims and Mr Ashby later dropped the lawsuit.

Mr Ashby applied for the “act of grace” payments in 2018, arguing Mr Slipper had been given one and that amounted to inequitable treatment. Mr Ashby said he was a whistleblower, but failed to convince bureaucrats who decided there was no reason to pay.

“Mr Ashby chose to instigate the legal action. Legal action always contains an element of risk in relation to both the outcome and the costs involved,” the Finance Department decided.

Federal Court judge Robert Bromwich on Friday dismissed the judicial review of that decision. However, Mr Slipper is separately arguing the refusal to provide an “act of grace” payment is a breach of the Fair Work Act.

That portion of the case has yet to be decided, and Justice Bromwich said he would not decide on who would pay the costs of the judicial review application until that had concluded.

Justice Bromwich said Finance Department officials did not fail to properly consider Mr Ashby’s claim he was a whistleblower. The commonwealth paid Mr Slipper’s $3.67m legal bill.