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ABC News
29 minutes ago
- ABC News
Former SBS newsreader wants parts of lawsuit over Hezbollah tweets to be struck out
A legal row between a former SBS television newsreader and a prominent Israeli Australian over tweets during the Israel–Gaza war has been described by one camp as a case of free speech, and the other as a case of hate speech. The lawsuit against Mary Kostakidis was launched earlier this year by Alon Cassuto, chief executive of the Zionist Federation of Australia, over comments and posts Ms Kostakidis shared on social media platform X, formerly known as Twitter. The matter returned to the Federal Court in Adelaide today, where Ms Kostakidis's legal team sought to have elements of the case struck out — a move that was strongly opposed by lawyers for Mr Cassuto, an Australian-Israeli dual citizen. In the legal application that triggered the action earlier this year, Mr Cassuto alleged that posts from Ms Kostakidis featuring comments from Hassan Nasrallah — the now deceased leader of Hezbollah, the Lebanese militant group designated by the Australian, the US, the UK and other governments as a terrorist organisation — on January 4 and 13 in 2024 breached the Racial Discrimination Act. According to Mr Cassuto's application, the posts were in breach of the act because they were "reasonably likely in all the circumstances to offend, insult, humiliate and/or intimidate Australian Jews and/or Israelis in Australia". The application noted the lawsuit was launched because, after a complaint was made to the Australian Human Rights Commission, the commission subsequently determined there "was no reasonable prospect of the matter being settled by conciliation". Screenshots contained in the statement of claim show the posts in question, including one from January 4 where Ms Kostakidis added comments while reposting another tweet. That post featured a video of Nasrallah, and a caption reporting that the Hezbollah leader had told the Israelis they will never be welcome in the region. Ms Kostakidis's legal team including Stephen Keim SC applied to have elements of the case struck out, describing the posts as falling within the bounds of journalism. "We argue that the reporting of statements by a well-known spokesperson for a party in a major regional conflict is an essential part of news reporting," Mr Keim said. "This may involve reporting offensive statements, for example the widely-reported Access Hollywood tape of the current president of the United States, but no ordinary and reasonable person would be offended by such news reports. "The speech reported in the subject posts were widely regarded as newsworthy … and in reporting the speech, the respondent was acting in accord with orthodox judgements and actions concerning publication." Mr Heim argued that the extracts from Nasrallah's speeches singled out by Mr Cassuto's legal team were not anti-Semitic and were "incapable" of meeting legal definitions of anti-Semitism. "Comment on the direction of the conflict is not a criticism of Jews or Israelis generally," he said. Mr Heim said Ms Kostakidis's comment was similarly "directed to the Israeli government and the state of Israel, and not a criticism of Jewish people in any way", and later drew the following analogy: "At Bledisloe Cup time, strong feelings arise between Australians and New Zealanders, and to criticise the rugby team of New Zealand is not a criticism of New Zealanders completely." But barrister Michael Borsky KC, for Mr Cassuto, argued that sharing the posts did not amount to "a straightforward news report", which would make the defence of a "fair and accurate report" hard to prove. "Our case is that although Mr Kostakidis used to be a newsreader, it's not a straightforward news report, her sharing these posts — particularly with the commentary which we allege is a form of endorsement," he said. Mr Borsky argued against the case being struck out, arguing that it should proceed to trial. He said while he accepted that "to criticise Israel or the Israeli government is not necessarily anti-Semitic", criticism could sometimes still amount to anti-Semitism. "There is the potential for an act or a statement to be both a criticism of Israel and anti-Semitic," he said. "Where that line is drawn in relation to a particular statement or a particular act is a difficult and important question, which would be determined following consideration of evidence." Mr Borsky further argued that other posts by Ms Kostakidis included equations of Zionism with Nazism, accusations that Israel is a "supremacist apartheid state" and "anti-Semitic conspiracy theories". "Zionism is the support for Jewish people having a home in the community of their ancestral homeland," he said. "Equating Zionism with Nazism is a particularly offensive charge, deliberately selected by many anti-Semites for that very reason, for the very reason that it accuses the victims of the holocaust with committing that crime." Federal Court justice Stephen McDonald reserved his judgement, and said it would not "necessarily be a quick turnaround". Before the hearing on Tuesday, Ms Kostakidis said the case "raises important questions about the limits on free speech". "I'm a strong believer in freedom of the press and the freedom of political expression," she said. "I will defend my right to report news and the right of every journalist to do so and the right of every Australian to engage in public debate." Outside court on Tuesday, Mr Cassuto said the case "is not about free speech, it is about hate speech". "It's deeply offensive and irresponsible when someone with a platform and a following like Mary Kostakidis shares hate speech and shares the calls of a prescribed terrorist organisation," he said. "We've all seen how hatred starts with words and ends with violence. "For the sake of every Australian we have to stand up against racial hatred no matter who is being targeted and no matter who is spreading it."
ABC News
an hour ago
- ABC News
Hobart City Council pursuing Labor on costs to remove election signage, but no edict to pay
Tasmanian Labor will need to decide whether to ignore or pay a request for payment from Hobart City Council for the clean-up costs of election material from city bus stops, bins and power poles. The request, raised at the council's meeting on Monday night, would seek to recoup between $4,000 and $5,000 incurred for a three-person crew to remove "TassieDoc" stickers from the CBD, Sandy Bay and New Town. The stickers, promoting a Labor election promise, appeared in the lead-up to the state's snap election on July 19. "Apart from the cost incurred by the city, it is entirely inappropriate for city assets to be used unlawfully for political promotion," Hobart City Council then-acting chief executive Michael Reynolds wrote in a letter to the political party, dated July 17. "A number of the city's poles, bins and bus stop infrastructure have also been scratched or paint lifted when the stickers/posters were removed," he wrote. But Monday night's motion at the city council's weekly meeting acknowledged Labor may not be behind the promotional material. "There is no suggestion that the placement of the stickers was authorised or supported by the Tasmanian Labor Party," Councillor Louise Elliot, who tabled the motion, said. "That said, multiple Labor volunteers were recorded and identified placing Labor's promotional material on council infrastructure." Election signage rules under the Tasmanian Planning Scheme [TPS] state that all campaign material must be removed within seven days after an election. The optional nature of the request for payment leaves the door open for Labor to ignore it. "It could very well be Labor's prerogative to say, 'no, get stuffed. We're not gonna pay that invoice,'" Cr Elliot said. "But I think if I was Mr Winter, I would be saying 'let's pay this as a gesture of goodwill.'" The wording of Cr Elliot's motion originally suggested an invoice should be issued to Labor. But the chamber heard that council invoices could only be issued for goods or services. It was suggested a request for payment be sent instead. Another option for the council would be to endorse an investigation into the individuals involved, which could lead to the recovery of costs through the magistrates' court. "Going through the investigating and researching and options stage, that just costs ratepayers more. Instead, we can hopefully nip it in the bud," Cr Elliot said. The motion passed 8–3, with Lord Mayor Anna Reynolds in support. Speaking on ABC Hobart's Mornings program, Cr Reynolds said, "it does cost the ratepayers money to clean stickers off poles". Hobart City Councillor Louise Bloomfield said the Labour Party benefited from the stickers' placement. "What I like about this motion is it actually starts to set some precedent," Cr Bloomfield said. "It starts to send the message out that if you're going to run [for office], this isn't acceptable because sadly this is not the first time this has happened." Councillor Ryan Posselt, who is a Labor member, abstained from voting but made his position clear during last night's discussion. "I'm not sure, other than for political reasons, why we would go ambulance-chasing the Labor Party when we have the identity of the people who broke the law," Cr Posselt said. He said a council investigation should continue with the aim of holding the individuals responsible. "The party itself didn't sanction it. This was the action of either a rogue campaign for an individual candidate, or rogue people associated with that campaign." The Tasmanian Labor Party has been contacted for comment.
News.com.au
an hour ago
- News.com.au
Art Deco block last traded for $28k with $8.35 per week rents for sale
An Art Deco block of flats in Waverley that last traded for $28k nearly six decades ago is set to hit the market. And the rents back in 1968 were between $8.35 and $8.80 because of a controlled rent scheme. The four two-bedders on a 400sqm block at 2 Wills Ave, known as Wills Court, are being sold in one line at a forthcoming auction with a guide in the mid-$4m range via Colliers apartment block specialist Paul Grasso. The site is just 900m from Bronte Beach. 'It's going to be attractive to wealthy mums and dads wanting to put their kids in there,' says Grasso. Waterfront sale falls over, then sells for $2m less He's also got a 1928-built character block of four large three-bedroom apartments, each with parking, just 500m from Balmoral Beach at 194 Spit Rd, Mosman, with an annual income of $312k. That's coming to market for the first time in 32 years and has hopes in the high $5m range. The vendor at Wills Court, Ian Brightwell, says his late father was keen to buy the flats, just one in a sizeable portfolio across the east, because 'a decent sized block of land that could be done up'. When he first bought it the four tenants paid between $8.35 and $8.80 per week — for a total income of $46.95 — because of a controlled rent scheme left over from World War II that was designed to protect war widows. These days, the flats each rent out for $800 per week, but he's selling up now because of increasing land tax costs. Says Grasso: 'The land tax means it's not a sensible rental proposition — it's a large chunk of land but just four units.' Apart from being of interest to families, he's expecting developers to be keen, who could potentially build a luxury duplex. Grasso, an associate director at Colliers, says: 'These listings represent the kind of generational assets that rarely come up for sale. 'We're seeing a surge in demand for boutique apartment blocks in lifestyle suburbs, driven by a lack of new supply and strong interest from downsizers and investors alike.' The launch of these two properties follows the successful sale of two other boutique blocks, reinforcing the strength of the market. In Mosman, Colliers recently transacted 161–165 Middle Head Road for about $20m, following a highly competitive campaign. The Art Deco walk-up comprises 10 residential apartments and two retail suites, with sweeping views over Balmoral Beach and the Sydney CBD. Meanwhile, in Rose Bay, 483 Old South Head Road sold for $6 million, reflecting a 3.9 per cent net yield. The property, which previously held DA approval for a 19-room hotel, was acquired by a buyer intending to retain the existing improvements, highlighting the enduring appeal of income-generating residential assets in prime locations. Tom Appleby, Colliers National Director and Head of Sydney North, added: 'Capital growth in this segment has been exceptional.
