Zionist boss Cassuto v Kostakidis. Judge denies Lawyers for Israel WhatsApp disclosure

The Federal Court rejected rival attempts by Mary Kostakidis and Zionist Federation CEO Alon Cassuto to change discovery orders in the racial discrimination case. Stephanie Tran reports.

One judgment Delivered on Friday, Judge Stephen McDonald dismissed interlocutory applications in which both parties sought amendments. reconnaissance orders It was made by a registrar in May.

While Cassuto sought to remove the finding regarding the press conference announcing the Zionist Federation of Australia’s complaint against Kostakidis to the Australian Human Rights Commission in July 2024, Kostakidis sought additional orders compelling Cassuto to communicate on the “Israel Lawyers” WhatsApp group.

The court rejected both applications and extended the deadline for discovery to a later date to be determined.

‘It’s not just speculative’

Cassuto had sought to remove findings regarding the preparation of the ZFA’s July 2024 press conference and accompanying media release.

Cassuto and ZFA president Jeremy Leibler held a press conference before presenting the AHRC’s complaint against Kostakidis. The legal team argues there is evidence that the timing was initiated as part of the trial.

The campaign aims to create a “chilling effect” on those who criticize Israel.

Judge McDonald rejected Cassuto’s application, finding that the communications regarding the press conference and official statement were “directly relevant” to the issues raised in Kostakidis’ defence.

“I accept Ms. Kostakidis’ argument that Mr. Cassuto’s attendance at the ZFA press conference and any communications regarding him are directly relevant to the issue of his motivation for initiating the case,” the judge wrote.

“The close connection between the aims and interests of the ZFA, combined with Mr. Cassuto’s own position as CEO of the ZFA, means that in the event of a discussion regarding a strategy or campaign involving Ms. Kostakidis in which Mr. Cassuto is involved,

It may also have included communication between people involved in the ZFA.

He said the circumstances surrounding the press conference could support the inference that the ZFA and Cassuto were “seeking publicity” for the complaint and were interested in drawing public attention to Kostakidis’ posts “at the expense of drawing attention to the content in which Mr. Cassuto claimed to have been offended and insulted.”

“Mr Cassuto was directly involved in the ZFA press conference. It is reasonable to infer that he was also involved in the preparation and/or publication of the ZFA official statement. Both the ZFA press conference and the ZFA official statement in relation to the AHRC complaint made by Mr Cassuto himself. Mr Cassuto was the CEO of ZFA and was in a position to influence its activities,” the decision said.

To be determined at the hearing

Judge McDonald emphasized that whether these inferences will ultimately be drawn will be determined at the hearing.

Cassuto also attempted to narrow down his communications about Kostakidis to January 4, 2024, instead of October 7, 2023.

The judge rejected the application and ruled that communications dating back to October 7, 2023 could be related to Cassuto’s state of mind and his reasons for initiating the trial.

“Even before the first of the Posts, if there were communications suggesting that Mr. Cassuto or others with whom he was in contact and who were in a position to influence his decisions were considering or planning to file some form of complaint or legal action against Ms. Kostakidis, this would support the conclusion that Mr. Cassuto was not personally harassed by the Posts,” Judge McDonald wrote.

Judge McDonald said evidence showing that people associated with the ZFA discussed or co-ordinated such a campaign would be “directly relevant” to determining whether the proceedings were initiated for that purpose.

Kostakidis’ defense argues that the trial was launched “in a harmful manner, without reasonable cause and in bad faith” as part of a campaign aimed at deterring criticism of Israel.

The judge found that Kostakidis’ allegations had a factual basis and that, although inferential, they were “not merely speculative.”

He said that the facts put forward by Kostakidis were “capable of rationally supporting” the inference he was trying to draw, and emphasized that it would be determined at the hearing whether these allegations were ultimately established.

Israeli lawyers’ request was rejected

Judge McDonald also denied Kostakidis’ application for a supplemental discovery order requiring communications from a WhatsApp group known as “Israel Lawyers.”

Kostakidis’ legal team argued that Cassuto or one or more lawyers acting on his behalf were likely part of the group and that “it is likely that a strategy or campaign to target Ms. Kostakidis was discussed in this group.”

Judge McDonald declined to grant further orders, finding that “the benefits of ordering Mr. Cassuto to locate this additional category of documents are elusive at best.”

It was revealed that the “Lawyers for Israel” WhatsApp group appeared in 2024 coordinated a campaign The dismissal of journalist Antoinette Lattouf from the ABC.

A three-week trial in Federal Court is scheduled to begin on November 30.

Mary Kostakidis. Forced to defend against Israel’s war in Australian court