Jo Dyer — who brought the application to restrain Ms Chrysanthou from acting in the proceedings — consulted with Ms Chrysanthou about a potential defamation claim against News Limited for an article in The Australian in November 2020 and provided confidential information to the barrister, which was potentially relevant to Mr Porter’s lawsuit against the ABC, Justice Tom Thawley found in May last year.
After a Federal Court justice ordered Christian Porter’s lawyer to step down, Mr Porter dropped his lawsuit against the ABC. Source: AAP
In March 2021, Mr Porter launched defamation proceedings against the ABC over a November 2020 Four Corners program entitled “Inside the Canberra Bubble” containing the historical rape allegations, despite not being named within the broadcast. Ms Dyer herself was interviewed for the program.
A cross-appeal, filed by Ms Chrysanthou against legal costs ordered in the case, was also rejected by the Full Court.
Mr Porter appealed the disqualification of prominent silk Sue Chrysanthou SC and around $500,000 in potential costs. Source: AAP / Lukas Coch
At an appeal hearing in April, Mr Porter’s barrister Bret Walker SC argued there was no rule letting a barrister refuse a brief because it was “embarrassing” and pointed to the so-called cab rank rule, which he said required Ms Chrysanthou to act for Mr Porter when he approached her in March 2021.
“Although Ms Chrysanthou was mistaken in the judgement she formed, no finding was made by the primary judge that her view was not formed in good faith,” he wrote.
