Former Michaelia Cash staffer Ben Davies sues AWU, Buzzfeed, journalist for defamation

Michaelia Cash’s former top aide Ben Davies is suing for defamation over suggestions he evaded AWU investigators in relation to an AFP raid.

Minister for Small Business Michaelia Cash during Question Time in the Senate chamber at Parliament House in Canberra, Monday, November 26, 2018. (AAP Image/Mick Tsikas) NO ARCHIVING

The former chief of staff to Michaelia Cash has lodged defamation proceedings in the Federal Court against the Australian Workers Union National Secretary Daniel Walton, listicle orientated news website Buzzfeed as well as journalist Alice Workman.

The lodging of the documents by Ben Davies comes as the Federal Court civil trial unfolds into the legality of the 2017 AFP raids on the AWU’s Melbourne and Sydney offices.

Mr Davies is pushing for losses and aggravated damages against the AWU and Mr Walton as well as Buzzfeed and Workman.

In court documents, obtained by The Australian, Mr Davies’ lawyers reject claims that he evaded attempts to serve a subpoena on him in relation to the 2017 raids. They argue that, at the time he was accused of evading AWU investigators, no subpoena had been issued or attempt made to serve one.

The documents state that “the applicant was at all relevant times registered on the title at his residential address and is listed on the publicly accessible electoral roll at this address, where he has resided continuously for a number of years”.

The 2017 AFP raids were part of an investigation launched by the Registered Organisations Commission into a $100,000 donation from the union to GetUp in 2006 when Bill Shorten was the AWU National Secretary.

Press were tipped off about the raids and filmed the AFP officers with Mr Walton arguing that former employment minister Michaelia Cash had misused her position by instigating the investigation into the union.

The documents lodged by Mr Davies suggest the claims made by Mr Walton and the AWU coincided with the one-year anniversary of the raids and the scheduled appearance of Senator Cash at an estimates hearing to “further publicity for the AWU’s legal challenge to the ROC”.

In the documents, Mr Davies’ lawyers argue that Mr Walton made two defamatory statements about him in October 2018 suggesting that he was deliberately “evading” AWU investigators and the service on him of a court subpoena, frustrating the administration of justice.

In a statement on October 23, Mr Walton said: “We have been forced to hire private investigators to track down individuals and issue subpoenas. Despite their best efforts these private investigators have actually been unable to locate Cash’s former chief of staff, Ben Davies”.

AWU National Secretary Daniel Walton outside the Federal Court in Melbourne yesterday. Picture: Ellen Smith/AAP

On October 24, Mr Walton said: “Evading investigators would typically require an incredible amount of effort”.

It is also alleged in the court documents that these claims were repeated in two articles written by Workman published by Buzzfeed on October 23 and October 24.

A further article by Workman published on November 13 — published shortly before Senate Question Time — stated that Mr Davies had been served with a subpoena to appear in court. The court documents make clear that a subpoena was issued by e-mail to Mr Davies’ solicitors on November 12 2018 at 11.47am.

Mr Davies lawyers argue that — as a result of the two statements by Mr Walton and the first two Buzzfeed articles — Mr Davies was been “gravely injured” in reputation; “lowered in the estimation of right-thinking members of society”; “held up to hatred, ridicule and contempt” and “thereby suffered loss and damage”.

They allege the statements from Mr Walton were given in the knowledge the imputations conveyed were “false” or made “without an honest belief in the truth of those imputations” in order to embarrass Mr Davies and further a political agenda with the intention of the claims being repeated in federal parliament.

Buzzfeed and Workman are also accused of publishing Mr Walton’s claims “knowing them to be false” and “without having made any, or any proper or reasonable enquiries to determine the truth of the imputations conveyed”.

Prior to the publication of the first Buzzfeed article on October 23 2018, Workman contacted the office of Senator Cash by email to ask: “Does the Minister remain in contact with her former staff members” and “When was the last time the Minister spoke to Ben Davies?”

Mr Davies’ legal team alleges that Workman and Buzzfeed did not make “proper and reasonable enquiries” to test whether a subpoena had been issued or whether Mr Davies was evading attempts to serve a subpoena on him.

They also argue that Buzzfeed and Workman did not first afford the applicant an opportunity to respond to the allegations.

Mr Davies is seeking aggravated damages, costs and a permanent injunction restraining the AWU and Walton from repeating their claims.

The Australian contacted the AWU, Buzzfeed and Ms Workman.