Tennis ace turned MP settles legal claim over stories

A senior Liberal MP and his wife have sued after one of Australia’s biggest newspapers cast doubt on the legality of their courtship.

Former tennis star turned Victorian Liberal deputy leader Sam Groth has sued the Herald Sun over articles published in late July that focused on when his affair with wife Brittany began.

Following mediation talks, the parties agreed to end the dispute with increased legal drafts ahead of a hearing scheduled for May.

The confidential settlement included a published apology and hundreds of thousands of dollars in compensation, AAP was told.

In the first front-page report by journalist Stephen Drill, it was stated that the two admitted that they met while he was coaching at Templestowe Park tennis club in 2011.

It has been implied that Mr Groth may have been a sex offender under Victorian law, as he was 23 or 24 at the time and she was 16 or 17.

The articles have disappeared online and associated social media posts are expected to be removed as well.

The Groths claimed the articles were defamatory and violated Ms. Groth’s privacy under federal privacy laws that took effect in June and allow claims of up to $478,000 in damages.

The legal claim was poised to become a test case for an exemption for professional journalists and media broadcasters when gathering information in preparation for the publication or publication of material “of a news, current affairs or documentary nature”.

In the Federal Court in October, the Groths’ lawyer, Sue Chrysanthou SC, argued the stories were “obscene gossip” and not news.

“News is factual information, not fiction,” he said.

The publication’s lawyer, Matt Collins KC, argued that the clause was a general exemption for journalists regardless of the content published.

Ms Chrysanthou said the Herald Sun planned to mount a public interest defense against the defamation claim and that the truth had not been pleaded.

Judge Shaun McElwaine warned the eventual loser of the case could face significant costs burdens.

Groths and News Corp Australia have been contacted for comment.