Court throws out pro-Israel group's bid to refer journalists and editors for contempt over Antoinette Lattouf case
The editor of the Age, Patrick Elligett, and the Sydney Morning Herald, Bevan Shields, and two Age reporters, Michael Bachelard and Calum Jaspan, were among the eight individuals named in the application that alleged the newspapers had breached a suppression order made by the judge in the Antoinette Lattouf unlawful termination case.
Justice Darryl Rangiah said on Friday the interlocutory application filed on 26 February seeking an order to make an application for punishment of the newspapers be dismissed.
He ordered the pro-Israel group pay half of the legal costs of the newspapers.
Rangiah granted a suppression order during the unlawful termination case in February to protect the identities and contact details of pro-Israel individuals who had contacted the ABC with complaints about Lattouf's employment.
Lattouf was taken off air three days into a five-day casual contract in December 2023 after she posted on social media about the Israel-Gaza war.
Last month, the federal court found the ABC breached the Fair Work Act when it terminated Lattouf for reasons including that she held a political opinion opposing the Israeli military campaign in Gaza.
Sue Chrysanthou SC, acting for the pro-Israel group, told the court during the hearing the newspapers had ignored her legal letters and she sought a referral under federal court rule 42.16 'to consider whether proceedings should be instituted for the punishment of contempt'.
Nine's lawyer Tom Blackburn SC told the hearing that the primary article in dispute was not in breach of the suppression order because it was published months before Lattouf took legal action, and therefore had no connection to the case.
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