Legal bid against Herald and Age in Lattouf case fails
On February 3, during Antoinette Lattouf's unlawful termination suit against the ABC, Justice Darryl Rangiah made a 10-year suppression order over the 'names, identities, contact details and addresses of persons who made complaints' about Lattouf's employment by the ABC.
The order was made 'on the ground that it is necessary to protect the safety of persons'.
Rangiah said at the time that he was satisfied there was 'a substantial risk' the individuals 'will face, at least, vilification and harassment if their identities and contact details were available to the public'.
Lawyers acting for people whose identities are said to be protected by the suppression order in the Lattouf case allege Herald editor Bevan Shields and The Age editor Patrick Elligett, as well as two in-house lawyers, two reporters and the publishing companies, breached the order.
The four articles at the centre of the dispute were published last year, before the suppression order was made.
Rangiah noted in a decision on Friday that '[the] articles remained available online even after the order was made' but were amended in March this year 'to remove the names of the relevant persons without any admission that the publishers were obliged to do so'.
At a preliminary hearing in April, Sue Chrysanthou, SC, acting for the group, said: 'Only one order is sought, and that is a referral under … the Federal Court Rules to the principal registrar to consider whether proceedings should be instituted for the punishment of contempt'.
But Tom Blackburn, SC, acting for the mastheads, said the registrar would have no 'independent discretion' and would have to commence contempt proceedings if Rangiah made the order.
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