In reasons published on Thursday, Federal Court Registrar Tim Luxton ordered Porter and Chrysanthou to pay a lump sum of $430,200 towards Dyer’s legal bill. Dyer claimed over $550,000 in costs for a four-day May hearing in her case.

In awarding $430,200 in costs, Luxton discounted the hourly rate charged by Dyer’s barrister, Michael Hodge QC, from $990 per hour to $850 per hour, saying the rate was the maximum in the National Guide to Counsel Fees issued in June 2013.

“I am satisfied that it is appropriate to allow a rate which exceeds the rate set in the guide. I will, however, discount the rates allowed for Mr Hodge QC to $850 per hour and $8,500 per day, inclusive of GST,” said Luxton.

Luxton did not discount fees charged by Dyer’s junior barrister, Shipra Chordia, which totalled $330 per hour and $3,300 per day. The registrar set the total counsel fees to $61,957.50 for Chordia and $77,350 for Hodge for work done until June 25, 2021.

Luxton also discounted the fees charged by Dyer’s solicitors at Marque Lawyers by 30 per cent, saying it was likely they spent “significant” time on work similar to that done by Hodge and Chordia.

“Whilst a perfectly valid approach, it is likely that the solicitors and counsel spent significant time on similar tasks. Such an approach may justify a discount to the solicitors’ fees when costs are assessed on a party and party basis,” said Luxton.

In June, Federal Court Justice Thomas Thawley ruled that Porter and Chrysanthou should cover Dyer’s costs, saying she had been “wholly successful” in having the barrister removed from Porter’s case and there was no reason to depart from the ordinary rule that costs should follow the event.

Justice Thawley found in May that Chrysanthou had received confidential information during a conference with Dyer in November 2020, some of which was relevant to Porter’s defamation case, and should return the Porter brief.

Days later, Porter dropped his lawsuit against the ABC and journalist Louise Milligan, which centered on an article concerning the 30-year-old rape allegations.

In June, Chrysanthou argued she should not face costs because she had taken a neutral position in the case once it had been filed; had not taken an active part in the proceedings, claiming she had been “required” to file a concise statement and affidavit; and had not filed submissions.

Justice Thawley rejected the arguments, noting that Chrysanthou had taken an adversarial approach before Dyer sued, including threatening her with an application for $150,000 in security for costs if she went ahead with her lawsuit.

Chrysanthou and Porter argued the bill should only total $275,989.37, being approximately a 50 per cent reduction in Dyer’s legal fees. But Luxton found the suggested reduction inappropriate because of the complexity of the case.

“It is important not to lose sight of the essential features of the litigation. This was, in my view, complex litigation (albeit concerning a narrow question) which was initiated, heard and determined in a short period of time,” said Luxton.

“Intensive work was required. Excluding interlocutory matters, the hearing occupied four days. Given the nature of the litigation, there were significant issues of confidentiality in respect of much of the evidence, and this added to the work which was required to be undertaken.”

Following settlement of the defamation proceedings, under which the ABC will pay no damages to Porter and will only pay the costs of mediation, Dyer threatened to sue Porter for defamation over comments he made in a news conference following announcement of the settlement.

Upon launching his defamation lawsuit Porter blasted the “trial by media” against him and boldly invited the publisher to plead the truth of the rape allegations in court. However, Porter later sought to block portions of the ABC’s defence, claiming they contained scandalous, frivolous or vexatious material, are evasive or ambiguous or are otherwise an abuse of process and liable to be struck out.

In August, Porter won his bid to block Nine and News Corp from using secret portions of ABC’s defence to his defamation allegations that the media giants accessed as intervenors in the former Attorney-General’s case.

Dyer is represented by Michael Hodge QC and Shipra Chordia, instructed by Marque Lawyers. Chrysanthou and Porter are represented by Noel Hutley SC, Jessie McKenzie and Callan O’Neill, instructed by Kennedys.

Dyer’s case is Joanne Elizabeth Dyer v Sue Chrysanthou.

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