Latham's failed attempt in vilification case
Former NSW One Nation leader Mark Latham has lost an attempt to recuse a barrister presiding over a harassment and vilification case against him, after arguing her views on transgender people could affect her ability to be neutral.
Independent Sydney MP Alex Greenwich has launched proceedings against Mr Latham in the NSW Civil and Administrative Tribunal over allegations of homosexual vilification and sexual harassment.
At the centre of a case is a homophobic tweet made by Mr Latham, as well as further comments he allegedly made in interviews for a newspaper, radio, and on Twitter (now known as X). Mark Latham is the former NSW One Nation leader. NewsWire / Christian Gilles Credit: News Corp Australia Independent Sydney MP Alex Greenwich launched proceedings against Mr Latham over allegations of homosexual vilification and sexual harassment. NewsWire / Christian Gilles Credit: News Corp Australia
The proceedings in the NCAT come just months after the Federal Court in defamation proceedings ordered Mr Latham to pay $140,000 to Mr Greenwich over the homophobic tweet in question, as well as further defamatory comments made in publications.
Mr Greenwich's lawyers had argued in the Federal Court that the tweet could be understood to mean the MP 'engages in disgusting sexual activities' and that he 'is not a fit and proper person to be a member of the NSW parliament because he engages in disgusting sexual activities'.
The Federal Court found the first point was conveyed and defamatory, but not the second, and dismissed defences of honest opinion and common law qualified privilege by Mr Latham's lawyers.
Mr Latham was ordered to pay Mr Greenwich $100,000 for non-economic loss, and a further $40,000 for aggravated damages.
Appearing at NCAT on Monday, Mr Latham pushed for one of the two senior legal members presiding over the case, Mandy Tibbey, be recused from the case over concerns her views on transgender people could affect her impartiality.
Taking the stand, he pointed to an academic lecture by Ms Tibbey, which examined issues of the acceptance of transgender people in the Anglican Church, and the potential role of anti-discrimination laws in church laws surrounding sex, gender and sexuality.
In the academic piece published online, Ms Tibbey called suggestions that being a transgender person, or having treatment or gender reassignment surgery is 'not the Christian way' are 'misguided', among other statements and analysis.
Mr Latham argued the NCAT case involved 'identity politics', a topic which he claimed both Mr Greenwich and Ms Tibbey were advocates for, but that stands against and claims is 'divisive'. Mark Latham pictured entering the John Maddison Tower with his lawyer Zali Burrows for the NCAT hearing. NewsWire / Monique Harmer Credit: News Corp Australia
Mr Latham asked how Ms Tibbey could 'possibly be neutral on this matter', and said he was in a state of 'disbelief' that she had been allocated the case.
'I would've thought it's not so hard for NCAT to ensure … those hearing the matter are absolutely neutral,' Mr Latham said.
'Beggars belief.'
His impassioned submission was interrupted at one stage, where Ms Tibbey reminded the court this was 'not an opportunity for Mr Latham to grandstand and foreshadow his argument'.
Mr Latham's lawyer Zali Burrows further argued documents tendered about Mr Latham opposing Mr Greenwich's equality bill – which was referred to as the transgender bill in court – could lead Ms Tibbey to have a negative view of her client.
'The main concern is that your views are potentially going to be perceived by the fair minded person more in line with the applicant … as opposed to the respondent,' Ms Burrows said.
Ms Tibbey told the court the case had 'nothing to do with transgender people', and later determined it wasn't appropriate for her to recuse herself.
Mr Greenwich's lawyers commenced opening submissions on Monday afternoon.
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