Moira Deeming v John Pesutto: A Case Resource

Former Parliamentary Liberal MP sues Liberal Leader for defamation

Sep 22, 2024

Update 12 December 2024: Moira Deeming has prevailed in her defamation action against John Pesutto and has been awarded Aus $300k in damages. Costs will be the subject of a separate hearing.

Judgment from Judge David O’Callahan

Victorian MP in the legislative Council, Moira Deeming, formerly part of the Parliamentary Liberal Party, is suing the Leader of the Victorian Parliamentary Liberal Party and Leader of the Opposition, John Pesutto, alleging he imputed that she supports, sympathises with and knowingly associates with white supremacists and neo-Nazis, holds abhorrent white supremacist and Neo-Nazi views, and is a neo-Nazi, after she attended, promoted and helped organise a women’s rights rally in Melbourne, March 2023.

The Let Women Speak rally in Melbourne on 18th March 2023 was part of an Australian and New Zealand tour by UK women's rights campaigner Kellie-Jay Keen Minshull, which platforms women speaking out about women's rights and the impact of gender identity ideology. The rallies are held outside in public places and are free to attend.

During the rally, a group of men stood on Parliament steps performing 'Sieg Heil' salutes associated with Nazi Germany. Media and online commentators accused the women's rights rally organisers and attendees of having invited the men, and being nazis.

During this time Mrs Deeming alleges that on 19th March 2023:

“Pesutto published a defamatory media release on his website and the Victorian Liberal Party website concerning Deeming. The media release imputed that Deeming supports white supremacists and neo-Nazis, holds abhorrent views, knowingly associates with them, sympathizes with them, is a neo-Nazi and white supremacist, and is unfit to sit in Parliament and belong to the Liberal Party. The media release was republished in news articles.”

Mrs Deeming was suspended from the Parliamentary Liberal Party for nine months and, after threatening legal action, was expelled. She remains a member of the Liberal Party and refers to herself as an Independent Liberal MP.

Mrs Deeming claims Pesutto's actions led to reputational damage, vandalism of her electoral office, official MP disinvitations from community functions, social media reactions, threats, jibes, hatred, harassment, abuse, contempt and ridicule through emails, letters, voicemails and on social media.

Mrs Deeming is seeking an apology, reinstatement to the party, and aggravated damages

Relevant Information & links

Moira Deeming’s Statement of Claim - 5 December 2023
Documents from the proceedings - including recordings played in court and affidavits
Download The Dossier
John Pesutto’s Defence document
Let women speak Melbourne livestreamed by Kellie Jay Keen on 18/03/23
Melbourne post event chat, referred to in court as the ‘champagne video’ 18/03/23
John Pesutto's ‘Statement from Leader of opposition’ following Let Women Speak Melbourne event. Published 19/03/23
Transcript: Press Conference with John Pesutto – 20/03/23
Transcript: ABC Interview with John Pesutto – 20/03/23
Transcript: 3AW Interview with John Pesutto – 20/03/23
John Pesutto’s Statement from Leader of Opposition, an apology to Kellie-Jay Keen and Angela Jones. Published 16/05/24
Full Pink News article omitted from The Dossier. Published 15/10/19
AFR ‘popcorn’ article featuring comments by Jeff Kennett - 13/0924
Coverage of John Pesutto’s apology to Kellie-Jay Keen and Angela Jones for defamation: ABC, Daily Mail, Sky News VIDEO, The Age
Press coverage from Let Women Speak Australia Tour, March 2023, here

Case status

The case will be heard over three weeks at the Federal Court in Melbourne from 16th September to 4th October 2024. The hearing is available to view online with a link made available shortly before the start of the hearing. It is only available to view for the hearing duration from 10am until 4pm (GMT+9) each day, and it is a criminal offence to photograph or record the hearing in any form.

[Note: On Friday 13th Sept 2023, the Federal Court uploaded a document from Mrs Deeming’s lawyers which contained a live document sharing link. This resulted in hundreds of documents relating to the case accidently being available publicly for a short time. This included exchanges between Mrs Deeming and Mrs Keen, as well as Mrs Deeming’s correspondence with staff, journalists and parliamentary security officers.]

JUDGMENT

UPDATE 12th December 2024 - Justice David O’Callaghan found Pesutto defamed Deeming on five separate occasions and ordered him to pay her $300,00 damages. READ THE JUDGMENT HERE

Media statement from Moira Deeming MP on Twitter/X

People involved in the case or mentioned

People involved or mentioned in Deeming v Pesutto - created by @Raloralo

Judge - Justice David O’Callaghan

Moira Deeming - Applicant

Sue Chrysanthou SC - Barrister for Applicant, Moira Deeming

Barry Dean - Junior Counsel for Applicant

John Pesutto - Victorian Liberal leader, Respondent

Dr. Matthew Collins KC - Barrister for John Pesutto

Witnesses

Moira Deeming - Applicant, Former Parliamentary Liberal MP

Christopher Duke - Convenor of Presbyterian Church in Victoria in which Mrs Deeming belongs

Geoffrey Campy- Expert Witness, Digital forensics expert, social media

Renee Heath - Liberal MP in Victoria, Secretary of Parliamentary Party in March 2023

Richard Riordan - Liberal MP in Victoria

Kim Wells - Victorian Liberal MP State treasurer and mentor to Moira Deeming.

Joe McCracken – Victorian Liberal MP

David Hodgett - Victorian Liberal MP

Ryan Smith – Victorian Liberal MP in March 2023 (since resigned)

Rachael Wong - Women’s Forum Australia

Naomi Walton – Friend of Moira Deeming

John Pesutto - Liberal Party Leader, Respondent

David Southwick – Deputy Leader of Liberal Party

Dr Matthew Bach - Then Deputy Leader of Liberal Party in Legislative Council

Georgie Crozier - Liberal MP, member of Liberal “Leadership Team”

Rodrigo Pintos Lopez -John Pesutto’s Chief of Staff as at March 2023

Nick Johnston - Director of Communications for John Pesutto as at March 2023

Louise Staley – Former Liberal MP, currently Chief of Staff for Pesutto

Alexander Woff – Media operations staffer for John Pesutto

Other

Kellie-Jay Keen - Women’s rights campaigner & Let Women Speak creator/host

Katherine Deves - Australian Lawyer, attendee Let Women Speak Melbourne

Angie Jones - Women’s and children’s advocate

Daily Reports of proceedings

[NOTE: Tribunal Tweets are not live tweeting proceedings. Below are a number of civilian Twitter/X contemporaneous threads and media articles which report the proceedings. Tribunal Tweets do not take responsibility for, nor endorse, any personal commentary that may be included in the links listed.]

DAY 1 - Monday 16th September

Opening Submissions by Counsel for Moira Deeming, Sue Chrysanthou SC

Thread on Twitter/X by ‘megzzzzzzzz’

Thread on Twitter/X by ‘Voice4Victoria’

Day 2 - Tuesday 17th September:

Audio recording of 19 March meeting between Moira Deeming and leadership team played in its entirety. Moira Deeming took the stand after lunch and Counsel for John Pesutto, Matthew Collins KC, begins cross examination of Mrs Deeming’s evidence.

Thread on Twitter/X by ‘Voice4Victoria’

Day 3 - Wednesday 18th September:

Moira Deeming continued on the Stand

The Age - as it happened

Thread on Twitter=X by ‘ExposingNV’ - Part 1 - Part 2

Day 4 - Thursday 19th September:

Moira Deeming continued on the Stand

In cross examination, Moira Deeming was asked about her participation in the ‘champagne video’ and if she had read documents from the dossier, such as this article from Pink News. Mrs Deeming concluded giving evidence.

Day 5 - Friday 20th September:

Witnesses, Christopher Duke, (Moira Deeming's church minister), Geoffrey Campy (Expert Witness, Digital forensics expert, social media) and two Liberal MPs, Renee Heath & Richard Riordan, give evidence.

Thread on Twitter/X from ‘ExposingNV’ part 1 & part 2

Day 6 - Monday 23rd September

Liberal MPs, Ryan Smith, David Hodgett and Joe McCracken all appeared. Their evidence in chief, as for other witnesses, is their affidavits, and their cross-examination was limited. Naomi Walton, a friend of Moira Deeming’s was also briefly cross-examined. The final witness to be called for Mrs Deeming is Rachel Wong of Women’s Forum Australia who will appear on or after 3rd October when she is available.

The last witness (other than Rachel Wong) was called for Mrs Deeming's case, Kim Wells, the former state treasurer and 'confidante' to Mrs Deeming gave evidence. Mr. Wells told the court “Mr Pesutto had told me she [Deeming] had organised the Nazis to attend”

The court then watched a 45-minute video of a press conference that Pesutto gave following the meeting at which Moira Deeming was suspended on 27th March 2023. The court also watched a 3AW news interview. Pesutto is due to take the stand tomorrow.

Day 7 Tuesday 24th September 2024

Dr. Collins began and concluded his opening submission in the morning and John Pesutto took the stand in the afternoon.

Notes on afternoon by Tribunal Tweets

Thread on Twitter/X by ‘ExposingNV’ - Part One and Part Two

Thread from ‘CrazyJane13’ - Part One and Part Two

The Age - As it happened

Day 8 - Wednesday 25th September

John Pesutto continues to be cross examined by Sue Chrysanthou.

Notes from Twitter/X account by ‘Raloralo’

Notes from Tribunal Tweets

Twitter/X thread by 'Crazyjane13' Part One and Part Two

Twitter/X thread from 'megzzzz'

Twitter/X thread from 'ExposingNV'

Day 9 - Thursday 26th September

John Pesutto continues to be cross examined by Sue Chrysanthou. Note: Friday is a public holiday and the hearing will continue on Monday 30th September

Notes from Twitter/X account by ‘Raloralo’

Notes from Tribunal Tweets - morning session and (parts of) afternoon session

Twitter/X Thread by ‘Crazyjane13’ Part one and Part two

Twitter/X thread by ‘ExposingNV’ Part one and Part two

Day 10 - Monday 30th September

John Pesutto continues to be cross examined by Sue Chrysanthou.

Notes with evidence from Twitter/X account by ‘Raloralo’

Twitter/X thread by ‘ExposingNV’ Morning only

Day 11 - Tuesday 1st October

Dr Matthew Bach, then Deputy Leader of Liberal Party in Legislative Council, takes the stand [Note: The hearing tomorrow [02/10/24] begins at 9.30AM]

Notes on morning from Tribunal Tweets

Notes on afternoon from Tribunal Tweets

Notes on afternoon from Titter/X account ‘raloralo’

Day 12 - Wednesday 2nd October

Rachael Wong of Women’s Forum Australia started and concluded her evidence and Sue Chrysanthou begans cross examination of David Southwick, Deputy Leader of Liberal Party.

Notes by Twitter/X account 'raloralo': Morning and Afternoon

Day 13 - Thursday 3rd October

Sue Chrysanthou began and concluded cross examination of Louise Staley, the former Liberal MP, currently Chief of Staff for Pesutto, and began cross examination of Alexander Woff, media operations staffer for John Pesutto.

Day 14 - Friday 4th October

Sue Chrysanthou began and concluded cross examination of Rodrigo Pintos Lopez, John Pesutto’s Chief of Staff as at March 2023 and Nick Johnston, Director of Communications for John Pesutto as at March 2023

Notes on afternoon from Tribunal Tweets

Monday 14th October

Notes from Tribunal Tweets Morning and Afternoon (links to videos submitted in evidence where possible)

Tuesday 22nd October

Sue Chrysanthou began her closing submission. The usual procedure is that the Respondent closes first but after a challenge from Dr. Matthew Collins, Judge agreed the Applicant to close first.

Twitter/X thread from 'ExposingNV': Part One and Part Two

Wednesday 23rd October

Sue Chrysanthou concludes and Dr. Matthew Collins commences his closing submission.

Twitter/X thread from 'ExposingNV' Part 1 and Part 2

Twitter/X thread from 'Megzzzzzzzzz''

Thursday 24th October 2024

Twitter/X thread from 'ExposingNV' - Part 1 and Part 2

Notes from Twitter/X account ‘Raloralo’

Press coverage

Here are links to a selection of relevant press coverage about this case. These links are included without comment and are not endorsed by Tribunal Tweets. This is a sample of coverage only, with most recent first - it is not comprehensive. Please DM our main Twitter account to submit coverage from an established news outlet. Any paywalled article must be archived. (Dates may vary due to AU/UK time difference)