Yesterday we told you that Porter’s attorneys lost their offer to block a last-minute affidavit from Macquarie Bank chief executive James Hooke, which the former attorney general said could “derail” the moment of his high-stakes libel offer against the CBA.
It came on the first of what was supposed to be a three-day hearing on whether Porter’s high-profile Sydney lawyer Sue Chrysanthou SC should be barred from acting for the former attorney general. in his case against the national broadcaster and journalist. Louise Milligan.
Jo Dyer, who was a debater with the woman in the late 1980s, says Chrysanthou has a conflict of interest due to a meeting the two women had late last year about an article in the Australian newspaper by Janet Albrechtsen about an episode of ABC Four Corners in November in which Dyer appeared. Hooke, a friend of both Porter and the woman who before her death accused Porter of raping her three decades ago, was also at the November 20 meeting.
After justice Thomas thawley ruled that the affidavit was “central” to whether Chrysanthou could act for the former attorney general, new documents produced by ABC and Hooke led to the adjournment of the case until Tuesday after- noon as Porter’s lawyers prepare to cross-examine Dyer and Hooke on the new information.
I should say we don’t know what’s in Hooke’s new affidavit other than yesterday’s comment from Dyer’s lawyer, Michael Hodge QC, that she “sweep away the last vestiges” of Chrysanthou’s argument that she has no confidential information from the meeting.
Tuesday morning Christopher Withers SC, Porter’s attorney at the hearing, raised the possibility that the case will go “a bit” until Thursday.
This could have implications for Porter’s main defamation case.
A case management hearing in the case is scheduled for Wednesday, after justice Jayne Jagot effectively blocked the deal until it was clear whether Chrysanthou could continue to act.