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Federal Court Reserves Ruling on Journalist Exemption in Groth v Herald Sun

The hearing sets up the first court test of a new federal privacy law's journalist exemption.

Overview

  • HWT argued the Herald Sun’s July front pages were legitimate journalistic material in the public interest given Sam Groth’s political ambitions.
  • Lawyers for the Groths said the stories were baseless gossip said to have been tipped to an editor by a Liberal MP and not a factual news report.
  • Justice Shaun McElwaine reserved a decision on whether to decide the journalist‑exemption issue separately from the full trial and warned of significant costs.
  • The parties were directed to mediation on Friday, with a trial scheduled for May 2026.
  • The publisher plans a public interest defence to defamation as the articles remain online, while the couple is personally funding the litigation.