Porter seeks to have ABC defence removed from court file

A judge will decide whether defence documents in Christian Porter's defamation case are hidden away. Photo: Getty
Christian Porterâs lawyers have identified no good reason for the ABCâs defence in his defamation case to be removed from the court file, a judge has been told.
âThis would be a de facto exceptional case if Your Honour were to remove the pleadings,â barrister for Nine and News Corp, Dauid Sibtane, said on Friday.
The media companies oppose an application by the former attorney general and the ABC for the public broadcasterâs unredacted defence documents to be removed from the Federal Court file, which would deny non-parties access to them.
As part of Mr Porter and the ABCâs defamation settlement announced in June, they were to ask the court for an order that sections of the defence be permanently removed from the court file.
The sections are currently under an interim suppression order after Mr Porter raised an objection and applied to have the defence struck out.
The MP had sued over a February 26 article about a now-deceased womanâs claim he had raped her decades earlier. He denies the allegation.
His barrister Bret Walker SC on Friday told Justice Jayne Jagot that removal from the file didnât mean expunged from the records of the court.
The documents instead would be stored in some other part of the records, which in general terms would affect the ability of non-parties to gain access to them.
The judge noted that âthe practical legal consequences of what youâre saying is that ⊠it would not be a document in a proceeding amenable to inspection by a non-partyâ.
Mr Walker said the settlement had involved the parties coming to a compromise which included applying for the removal order.
âIt is not, in our submission, for the media interests to become self-appointed bailiffs, to say inappropriate when parties compromise,â he said.
But Mr Sibtane referred to the principle of open justice, saying there must be a sufficient reason to warrant removal of documents,
This could involve a judge concluding material was scandalous, irrelevant or an abuse of process.
He argued it wasnât appropriate to make the order because âit would be giving, in substance, special treatment to this proceedingâ.
The parties had chosen to resolve the proceedings in advance, with a fundamental term of the settlement being that the removal application would be made, he said.
The term did not say that the order had to be made.
Mr Sibtane argued it had not been demonstrated that the refusal to remove the material would be inconsistent with or jeopardise the settlement.
Kangaroo Court of Australiaâs Shane Dowling has also argued for the suppression order to be lifted and rebutted Mr Walkerâs submission that he did not have the right to intervene in the case.
The judge reserved her decision.
The court has not signed off on the partiesâ settlement and should it fall apart, the case could be revived and progress to trial.
-AAP







