Federal Court rejects contempt claim against Nine editors and journalists in Antoinette Lattouf case

An attempt to initiate contempt proceedings against journalists, editors and lawyers from Nine Entertainment has been dismissed by the Federal Court, marking a key development in the wider legal fallout surrounding broadcaster Antoinette Lattouf’s dismissal from the ABC.

Suppression breach claim dismissed

Justice Darryl Rangiah rejected an interlocutory application lodged in February by a pro-Israel group seeking to refer eight individuals for contempt. The group alleged that articles published by The Age and The Sydney Morning Herald breached a court suppression order made during Lattouf’s unfair dismissal case.

Named in the failed application were The Age editor Patrick Elligett, Sydney Morning Herald editor Bevan Shields, and reporters Michael Bachelard and Calum Jaspan, alongside legal representatives for Nine.

The court ruled that the pro-Israel group would be required to pay half of Nine’s legal costs.

The suppression order in question was issued in February to prevent the publication of names and contact information of individuals who had lodged complaints with the ABC regarding Lattouf’s employment.

Background to the legal dispute

The broader legal context involves ABC’s termination of Lattouf’s five-day on-air contract in December 2023, following social media comments she made regarding the conflict in Gaza.

Last month, the Federal Court ruled in Lattouf’s favour, finding that the ABC had breached the Fair Work Act by terminating her employment, in part due to her political opinions.

During the contempt hearing, barrister Sue Chrysanthou SC, acting for the pro-Israel group, argued that the newspapers had disregarded her legal correspondence and called for court-initiated punishment under rule 42.16 of the Federal Court Rules.

In response, Nine’s legal counsel, Tom Blackburn SC, told the court that the primary article referenced in the application had been published well before Lattouf initiated legal action and therefore did not fall within the scope of the suppression order.

Keep on top of the most important media, marketing, and agency news each day with the Mediaweek Morning Report – delivered for free every morning to your inbox.