Launching, and losing, a defamation action is only a matter for those with the deepest of pockets.
Just ask disgraced orthopaedic surgeon Munjed Al Muderis, whose lawsuit against this masthead and 60 Minutes over a series of reports alleging negligent operations ended with a damning loss in the Federal Court last week.
Barrister Sue Chrysanthou, SC (left), surgeon Munjed Al Muderis and his partner, Claudia Roberts, in September 2023.Credit: Dion Georgopoulos
After a marathon trial spanning years, Justice Wendy Abraham found that Al Muderis was dishonest, callous and prioritised fame, money and numbers above vulnerable patients, and held that Nine, owner of this masthead, had established its truth and public interest defences, in a landmark victory for journalism.
Al Muderis has vowed to appeal, but as it stands, remains on the hook for Nine’s legal costs. All up, an estimated $19 million has been spent on the case by both sides, most of which the surgeon will have to cough up, pending Abraham’s final order on costs.
Age investigative journalist Charlotte Grieve pictured arriving at the Federal Court of Australia in 2024 to give evidence.Credit: Dion Georgopoulos
But before Al Muderis had even formally launched his action in late 2022, he was already spending eye-watering sums of money on the matter. According to an invoice annexed to his affidavit in the recently concluded case, Al Muderis spent $19,000 for just nine days of media advice that began on the day the 60 Minutes program by Tom Steinfort, Natalie Clancy and The Age’s Charlotte Grieve went to air.
Al Muderis hired former newshound and seasoned crisis communications professional Peter Wilkinson for strategic advice over that period.
The costs breakdown is a valuable insight into how spinners ply their trade. It includes regular briefings to rival journalists, most prominently to The Australian’s former media writer Sophie Elsworth, who was dropped Al Muderis’ concerns notice (the first step toward launching a defamation action).
There was also a four-hour evening meeting with defamation barrister Sue Chrysanthou, SC, at Al Muderis’ $11 million Sydney harbourside penthouse to discuss strategy, which set the surgeon back $1400.
Then Wilkinson’s work for Al Muderis abruptly stopped. The PR man declined to comment on how that relationship ended.
But according to the receipts, Wilkinson recommended prioritising media over legal strategy, with that particular piece of advice costing a mere $1050. Al Muderis clearly didn’t listen. Just imagine the millions in legal bills, and unquantifiable reputational costs, he could’ve saved if he did.
MCC members spill the sauce on pie prices
Remember when Gillon McLachlan became AFL chief executive and the price of food at the footy went down?
Melbourne Cricket Club members do.
The MCC held its AGM on Tuesday night, where ex-Tabcorp chair Paula Dwyer, Mental Health and Wellbeing Commissioner Annabel Brebner and the Department of Justice’s Kalpana Ramani were re-elected, seeing off challengers in magistrate Tony Burns, school teacher James Kavanagh and corporate spinner James Duncan.
Kalpana Ramani, Paula Dwyer and Annabel Brebner are re-elected to the Melbourne Cricket Club committee.
The meeting also agreed to a crackdown on members who allow friends and family to use their membership cards to get in, and heard the long-awaited rebuild of the Shane Warne Stand might not start until 2031. Right in time for Richmond’s next three-peat, god willing.
But it was pie prices that got some members really going.
CBD hears there was meaty discussion about why it costs about $6.20 for a Four’n Twenty pie at the MCG, and under $5 at Marvel. MCC says pies are priced the same for all events, whereas other venues change their prices according to the event. Seems even the MCC crowd is suffering from cossie livs.
Back in 2015 under McLachlan’s early leadership, the price of meat pies at the ’G fell by 80¢ to a bargain $4. Marvel, then known as Etihad, followed suit by introducing $3 pies on Sundays, plus free popcorn and fairy floss at half-time on the day of rest.
MCC members raise concern over the price of pies at the MCG. Credit: Aresna Villanueva
AFL Fans Association president Ron Issko says affordability is a major concern for fans, and they shouldn’t have to pay much more to eat at the ’G.
“It’s understandable that the prices might be different, as the AFL owns Marvel and directly has relationship with the caterers, whereas the MCG deals with their own caterers,” Issko says. “However, the price discrepancy is too much, and I’m sure the AFL could talk to the MCG and the caterers and say ‘how can we get the prices closer?’”
We’ll keep you posted on Piegate.
Win for Laming
The end of former Liberal MP Andrew Laming’s political career has been a morass of scandal and arcane legal battles.
But Laming had the last laugh in one of those battles on Wednesday, when the High Court upheld his appeal over a series of near seven-year-old Facebook posts viewed by just 28 people that led to a fine from the Australian Electoral Commission.
Former federal MP Andrew Laming has had a legal victory.Credit: Alex Ellinghausen
In late 2021, after Laming had announced his impending retirement from politics, the AEC launched proceedings against the MP over three posts made on the “Redland Hospital: Let’s fight for fair funding” Facebook page before the previous election in 2019, which the regulator argued had lacked proper authorisation of political links.
Initially, the Federal Court imposed three penalties totalling $20,000 on Laming. The AEC appealed that decision, and a three-judge bench ruled that Laming had contravened the laws every time each post was viewed, doubling his fine to $40,000.
Laming successfully appealed that decision, with the High Court agreeing with the initial judgment, which found that he had breached electoral laws each time he posted the offending material. The majority ruling focused on one specific section of the Electoral Act, with Justice James Edelman dissenting in a judgment that flexed his relative youth by mentioning TikTok.
So in other words, a win for Laming, even if the original $20,000 fine remains in place. And separately, he remains on the hook for $10,000 in unpaid parliamentary expenses from 2019, after losing a Federal Court challenge last year.
The moment was lost on Laming, who wasn’t even aware of the result when contacted by CBD on Wednesday, telling us he was out bush without much reception.
He later said he was “delighted with the result and hopeful of a sensible conclusion”.
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