How Mark Latham could be kicked out of NSW Parliament
Latham denies the accusations made by Nathalie Matthews. Separately, he has a significant legal bill hanging over his head that, if he cannot pay, it will probably force him into bankruptcy and out of parliament. It is a live risk for Latham that could materialise this year.
Under the NSW Constitution Act 1902, any member of either house of parliament who 'becomes bankrupt or takes the benefit of any law for the relief of bankrupt or insolvent debtors' must have their seat declared vacant.
If Latham does not have the means to pay $140,000 plus legal costs, which already exceed half a million dollars in total, the one-time federal Labor leader will be disqualified from office.
His possible bankruptcy stems from the ex-NSW One Nation leader defaming Sydney MP Alex Greenwich in a highly graphic and offensive tweet (which the Herald chooses not to repeat).
In a decision last year, the Federal Court awarded Greenwich $140,000 in damages over the post on Twitter, now X, in March 2023. Greenwich's barrister, Dr Matt Collins, KC, told the court that the tweet, which described sexual activity in graphic and offensive terms, was a 'vile, homophobic attack' on the openly gay Greenwich.
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Federal Court Justice David O'Callaghan this year ordered Latham to pay Greenwich's legal costs of the defamation case on the ordinary basis, which results in the successful party recouping about 70 per cent of their bills.
The independent Sydney MP's costs have been estimated at more than $600,000. And it does not end there for Latham.
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