By: Georgie Austin and Deniz Coskundag
Deeming v Pesutto (No 3) [2024] FCA 1430
At a glance
- Parliamentary Member Ms Moira Deeming was awarded $300,000 in damages after the Federal Court ruled that she was defamed by a series of statements and media interviews made by Victorian Opposition Leader Mr John Pesutto, following a rally in Melbourne.
Background
On 18 March 2023, Ms Moira Deeming, a former member in the Victorian Parliamentary Liberal Party (Deeming), attended and briefly spoke at a “Let Women Speak” rally on the steps of Parliament House in Melbourne (the Rally). The Rally was interrupted by other protestors who were described as “neo-Nazis”.
Following the Rally, Mr John Pesutto, the Victorian Opposition Leader (Pesutto) at a leadership meeting announced his intention to expel Deeming from the Parliamentary Party, which ultimately occurred.
In support of his expulsion motion, Pesutto stated “this is not an issue about free speech but a member of the parliamentary party associating with people whose views are abhorrent to my values, the values of the Liberal Party and the wider community.”
Pesutto published a media release to the Victorian Liberal Party website, attended radio and television interviews with 3AW and ABC, and conducted a press conference, speaking to the events involving Deeming (Publications).
Issue
By way of Originating Motion and Statement of Claim filed in the Federal Court, Deeming issued proceedings against Pesutto, alleging that Pesutto’s Publications were defamatory.
Deeming pleaded that the Publications carried various defamatory imputations including that she was unfit to belong to the Victorian Parliamentary Liberal Party due to her association with neo-Nazis, that she holds abhorrent neo-Nazi views and sympathises with neo-Nazis.
Pesutto relied on the defences of contextual truth, honest opinion, and public interest pursuant to sections 26, 31 and 29 of the Defamation Act 2005.
Outcome
In a ruling delivered on 12 December 2024, Justice David O’Callaghan found that the Publications conveyed the defamatory imputations that Deeming was unfit to be a member of the Victorian Parliamentary Liberal Party due to her association with neo-Nazis. Further, His Honour found Pesutto’s interviews to convey the imputation that Deeming knowingly associates or sympathises with neo-Nazis and white supremacists, and thus unfit to be a member of the Parliamentary Party.
Justice O’Callaghan held that the statements caused serious harm to Deeming’s reputation, rejecting Pesutto’s defence that the Publications were in the public interest or based on honest opinion.
His Honour noted that Pesutto had failed to consider Deeming’s denials regarding her participation in the rally and had material indicating that she and other rally organisers opposed neo-Nazi views. He also ruled that Pesutto’s expulsion motion lacked factual basis, especially the claim that Deeming had helped organise the rally attended by neo-Nazis.
Deeming was awarded $300,000 in damages, reflecting the harm caused to her reputation and the emotional distress she suffered. No aggravated damages were awarded.
Pesutto has confirmed he is seeking legal advice as to whether he should apologise to Deeming and if he should appeal against the judgment.