Judge slams 'half baked' legal fight after Liberal loan
The legal challenge came after the Victorian Liberals' administrative committee decided to lend former leader John Pesutto money to settle his outstanding defamation debt to MP Moira Deeming.
Mr Pesutto was ordered to pay $2.3 million in legal costs to Mrs Deeming after the Federal Court found he defamed her by implying she was associated with neo-Nazis.
He coughed up $315,000 in damages and raised about $750,000 through wealthy backers and a GoFundMe campaign, with the remaining $1.55 million leaving him facing bankruptcy.
Legal documents filed with the Supreme Court on Thursday sought to block the loan on the grounds it potentially breaches party rules, naming party entity Vapold as a defendant.
It was brought by Colleen Harkin, named in the documents as a member of the administrative committee.
During a late afternoon hearing, Justice Michael McDonald said each member of the committee should have been named as defendants.
"You have come to this court half-baked, you have failed to name the proper defendants," he told barrister Cam Truong KC, acting on behalf of Ms Harkin.
"It doesn't get much worse."
Justice McDonald said the $1.55 million loan had already been transferred to Mrs Deeming's lawyers and questioned why lawyers had triggered an out-of-hours court hearing.
He told the court he could not see "any urgency in this matter" and the case was adjourned to July 4.
"The application doesn't get off the runway today," Justice McDonald told the court.
Mr Truong did not accept the case was brought improperly as he said the case was filed before the money was transferred.
He asked for at least a week to serve all committee members who are now set to be included in the challenge.
Daryl Williams KC, who represented three of the named defendants, questioned the timing of the case during the hearing.
"Why on earth are we here today when this decision of the admin committee, which by the way my clients had nothing to do with, was made a week ago," he said.
If Mr Pesutto is declared bankrupt it would trigger his exit from parliament and a subsequent by-election in his marginal seat of Hawthorn.
The payment deadline is Friday.
Opposition Leader Brad Battin voted in favour of the loan, which must be repaid by Mr Pesutto at market-rate interest, and called for colleagues to drawn a line under the long-running feud.
Mrs Deeming was expelled from the Liberal party room over the furore but welcomed back in December as Mr Pesutto lost the leadership.
She offered to defer some of Mr Pesutto's legal bill in exchange for her guaranteed preselection and him swearing off trying to return as leader for three years, but the deal fell over.
Mrs Deeming and Mr Pesutto were contacted for comment.
A judge has hit out at a "half-baked" legal attempt to stop a $1.55 million Liberal loan to save the political future of its former leader.
The legal challenge came after the Victorian Liberals' administrative committee decided to lend former leader John Pesutto money to settle his outstanding defamation debt to MP Moira Deeming.
Mr Pesutto was ordered to pay $2.3 million in legal costs to Mrs Deeming after the Federal Court found he defamed her by implying she was associated with neo-Nazis.
He coughed up $315,000 in damages and raised about $750,000 through wealthy backers and a GoFundMe campaign, with the remaining $1.55 million leaving him facing bankruptcy.
Legal documents filed with the Supreme Court on Thursday sought to block the loan on the grounds it potentially breaches party rules, naming party entity Vapold as a defendant.
It was brought by Colleen Harkin, named in the documents as a member of the administrative committee.
During a late afternoon hearing, Justice Michael McDonald said each member of the committee should have been named as defendants.
"You have come to this court half-baked, you have failed to name the proper defendants," he told barrister Cam Truong KC, acting on behalf of Ms Harkin.
"It doesn't get much worse."
Justice McDonald said the $1.55 million loan had already been transferred to Mrs Deeming's lawyers and questioned why lawyers had triggered an out-of-hours court hearing.
He told the court he could not see "any urgency in this matter" and the case was adjourned to July 4.
"The application doesn't get off the runway today," Justice McDonald told the court.
Mr Truong did not accept the case was brought improperly as he said the case was filed before the money was transferred.
He asked for at least a week to serve all committee members who are now set to be included in the challenge.
Daryl Williams KC, who represented three of the named defendants, questioned the timing of the case during the hearing.
"Why on earth are we here today when this decision of the admin committee, which by the way my clients had nothing to do with, was made a week ago," he said.
If Mr Pesutto is declared bankrupt it would trigger his exit from parliament and a subsequent by-election in his marginal seat of Hawthorn.
The payment deadline is Friday.
Opposition Leader Brad Battin voted in favour of the loan, which must be repaid by Mr Pesutto at market-rate interest, and called for colleagues to drawn a line under the long-running feud.
Mrs Deeming was expelled from the Liberal party room over the furore but welcomed back in December as Mr Pesutto lost the leadership.
She offered to defer some of Mr Pesutto's legal bill in exchange for her guaranteed preselection and him swearing off trying to return as leader for three years, but the deal fell over.
Mrs Deeming and Mr Pesutto were contacted for comment.
A judge has hit out at a "half-baked" legal attempt to stop a $1.55 million Liberal loan to save the political future of its former leader.
The legal challenge came after the Victorian Liberals' administrative committee decided to lend former leader John Pesutto money to settle his outstanding defamation debt to MP Moira Deeming.
Mr Pesutto was ordered to pay $2.3 million in legal costs to Mrs Deeming after the Federal Court found he defamed her by implying she was associated with neo-Nazis.
He coughed up $315,000 in damages and raised about $750,000 through wealthy backers and a GoFundMe campaign, with the remaining $1.55 million leaving him facing bankruptcy.
Legal documents filed with the Supreme Court on Thursday sought to block the loan on the grounds it potentially breaches party rules, naming party entity Vapold as a defendant.
It was brought by Colleen Harkin, named in the documents as a member of the administrative committee.
During a late afternoon hearing, Justice Michael McDonald said each member of the committee should have been named as defendants.
"You have come to this court half-baked, you have failed to name the proper defendants," he told barrister Cam Truong KC, acting on behalf of Ms Harkin.
"It doesn't get much worse."
Justice McDonald said the $1.55 million loan had already been transferred to Mrs Deeming's lawyers and questioned why lawyers had triggered an out-of-hours court hearing.
He told the court he could not see "any urgency in this matter" and the case was adjourned to July 4.
"The application doesn't get off the runway today," Justice McDonald told the court.
Mr Truong did not accept the case was brought improperly as he said the case was filed before the money was transferred.
He asked for at least a week to serve all committee members who are now set to be included in the challenge.
Daryl Williams KC, who represented three of the named defendants, questioned the timing of the case during the hearing.
"Why on earth are we here today when this decision of the admin committee, which by the way my clients had nothing to do with, was made a week ago," he said.
If Mr Pesutto is declared bankrupt it would trigger his exit from parliament and a subsequent by-election in his marginal seat of Hawthorn.
The payment deadline is Friday.
Opposition Leader Brad Battin voted in favour of the loan, which must be repaid by Mr Pesutto at market-rate interest, and called for colleagues to drawn a line under the long-running feud.
Mrs Deeming was expelled from the Liberal party room over the furore but welcomed back in December as Mr Pesutto lost the leadership.
She offered to defer some of Mr Pesutto's legal bill in exchange for her guaranteed preselection and him swearing off trying to return as leader for three years, but the deal fell over.
Mrs Deeming and Mr Pesutto were contacted for comment.
A judge has hit out at a "half-baked" legal attempt to stop a $1.55 million Liberal loan to save the political future of its former leader.
The legal challenge came after the Victorian Liberals' administrative committee decided to lend former leader John Pesutto money to settle his outstanding defamation debt to MP Moira Deeming.
Mr Pesutto was ordered to pay $2.3 million in legal costs to Mrs Deeming after the Federal Court found he defamed her by implying she was associated with neo-Nazis.
He coughed up $315,000 in damages and raised about $750,000 through wealthy backers and a GoFundMe campaign, with the remaining $1.55 million leaving him facing bankruptcy.
Legal documents filed with the Supreme Court on Thursday sought to block the loan on the grounds it potentially breaches party rules, naming party entity Vapold as a defendant.
It was brought by Colleen Harkin, named in the documents as a member of the administrative committee.
During a late afternoon hearing, Justice Michael McDonald said each member of the committee should have been named as defendants.
"You have come to this court half-baked, you have failed to name the proper defendants," he told barrister Cam Truong KC, acting on behalf of Ms Harkin.
"It doesn't get much worse."
Justice McDonald said the $1.55 million loan had already been transferred to Mrs Deeming's lawyers and questioned why lawyers had triggered an out-of-hours court hearing.
He told the court he could not see "any urgency in this matter" and the case was adjourned to July 4.
"The application doesn't get off the runway today," Justice McDonald told the court.
Mr Truong did not accept the case was brought improperly as he said the case was filed before the money was transferred.
He asked for at least a week to serve all committee members who are now set to be included in the challenge.
Daryl Williams KC, who represented three of the named defendants, questioned the timing of the case during the hearing.
"Why on earth are we here today when this decision of the admin committee, which by the way my clients had nothing to do with, was made a week ago," he said.
If Mr Pesutto is declared bankrupt it would trigger his exit from parliament and a subsequent by-election in his marginal seat of Hawthorn.
The payment deadline is Friday.
Opposition Leader Brad Battin voted in favour of the loan, which must be repaid by Mr Pesutto at market-rate interest, and called for colleagues to drawn a line under the long-running feud.
Mrs Deeming was expelled from the Liberal party room over the furore but welcomed back in December as Mr Pesutto lost the leadership.
She offered to defer some of Mr Pesutto's legal bill in exchange for her guaranteed preselection and him swearing off trying to return as leader for three years, but the deal fell over.
Mrs Deeming and Mr Pesutto were contacted for comment.
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Tensions began to flare mid-morning between police and masked protesters in black believed to be rallying in opposition to a nearby demonstration for "women's sex-based rights". Some members of the media were also caught in the fracas outside the state's parliament house and surrounds as cameras and other equipment were targeted by masked activists. Victorian Police said pepper spray was used and four arrests were made, including a man in his early 20s who hit an officer with an umbrella. Two protesters were charged with allegedly possessing flares and a fourth for failing to move on. Three officers were injured, Victoria Police said, though none needed to be taken to hospital. A group of about 80 gathered to counter-protest a scheduled Women Will Speak demonstration against Victoria's anti-vilification laws. Roughly 50 attended the Women Will Speak rally, cordoned off and guarded by police, where "restore women's sex-based rights" was among the slogans adorning banners. 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'Primarily, our concern is about censorship and its immeasurable cost,' they said. 'We can't speak for the authors and their reasons, but nothing good ever results from silencing intelligent and engaged people who are speaking up against injustice. Complex conversations, such as those which occur at writers festivals, are crucial to addressing complex issues, locally and globally.' Since the release of the code, at least 34 writers have withdrawn from the festival. Twenty-one sessions have been cancelled, with ticket holders to be issued automatic refunds. High-profile departures include La Trobe history professor Clare Wright, who co-curated the La Trobe series within the festival, Overland editor and Stella Prize winner Evelyn Araluen, academic and author Randa Abdel-Fattah, and journalists and writers such as Jess Hill, Claire G. Coleman and Paul Daley. Wright said she had curated nine sessions for the La Trobe stream of the festival's program and was to have hosted the opening night gala and closing session, and appear on a panel discussing her own book, Ṉäku Dhäruk: The Yirrkala Bark Petitions, recently shortlisted for the Prime Minister's Literary Awards. Explaining her decision to withdraw, Wright said the fallout from the festival was a result of what happened when 'managerialism trumps morality'. 'I think this is what happens when arts and educational institutions are not prepared to stand on principle against the significant pressure from Zionist organisations and other conservative lobbyists and outlets,' she said. Wright, who is also a professor of history and professor of public engagement at La Trobe University, said there must be space for difficult conversations to be held at writers festivals and in places of higher education. 'The idea that you can risk-manage your way out of uncomfortable conversations when there is a genocide unfolding in real time, when violence against women is at epidemic proportions, when neo-Nazis are marching down our city streets, when we're in the grips of a climate catastrophe, when sovereignty was never ceded in settler colonies, these are all the difficult topics we can and must discuss, respectfully and lawfully, at writers festivals and in places of higher education.' Loading Graphic novelist and artist educator Ita Mehrotra proceeded with her Saturday session, which was not part of the La Trobe-sponsored stream. However, she has since withdrawn from a Sunday panel she was to have shared with three other authors. All four pulled out, prompting the festival to cancel the event. Mehrotra said she was deeply conflicted about participating but used her Saturday appearance to speak openly with attendees about the unfolding boycott. 'This kind of mass pullout isn't something I've seen [before],' she said. 'We need spaces that allow for dialogue, that allow for uncomfortable conversations … to not allow for that is heartbreaking. 'It sets the tone for how people are thinking and the culture of the space. You're going to crush dialogue. It's a bleak future if this is how things are.' Mehrotra added that authors and attendees shared a profound sense of disappointment about how events had unfolded. 'It's not on the authors, it's on a university having crushed this event,' she said. In the wake of Bookish's withdrawal, the store was flooded with customers on Saturday, many offering messages of support. 'Since publicising our decision, we have been overwhelmed with a wave of love and support from all over the country, with messages coming from authors, customers, human rights organisations, bookshops, industry organisations, and people we've never met,' the owners said. 'Obviously, it is a time of mixed emotions for Bookish as well as for the affected authors, but the overarching feeling in our shop today has been one of joy and solidarity. We are confident we made the right choice.' The owners said the festival was the bookshop's biggest weekend of the year and involved months of planning and extra work from their staff. 'It's a logistical nightmare, a huge amount of extra work, and a massive financial blow to a regional small business,' they said. 'To be frank, we'd rather cop the financial loss and fight the good fight.' La Trobe University defended its stance, stating that it was committed to fostering a culture that valued all forms of diversity. 'La Trobe University does not tolerate racism of any kind, including antisemitism and Islamophobia. La Trobe's commitment to academic freedom and freedom of speech is consistent with our approach to creating safe environments for the free exchange of ideas,' a spokesperson said. 'Our Anti-Racism Action Plan, which includes a working definition of Islamophobia, was developed through extensive staff, student and community consultation, including of people with lived experience of racism.' On Saturday, Bendigo City Council confirmed that 26 sessions had gone ahead since the festival opened on Thursday, including several sold-out events.
