WhatsApp battle. Zionist action v Mary Kostakidis drags through discovery

Former SBS journalist Mary Kostakidis appeared in court again on Monday to defend herself against racial discrimination claims by the Zionist Federation of Australia. Stephanie Tran with update.

Two of Australia’s most high-profile legal disputes arising from criticism of Israel returned to the Federal Court on Monday, as the Royal Commission on Antisemitism and Social Cohesion began its third block of hearings.

In separate hearings, the court considered interlocutory disputes in cases brought by Zionist complainants against veteran journalist and former SBS news presenter Mary Kostakidis and University of Sydney academics Nick Reimer and John Keane.

Fight WhatsApp messages

Kostakidis is seeking access to communications within a WhatsApp group known as “Israel Lawyers”:

“All documents referring to or relating to the defendant that record communications sent and received by members of the WhatsApp group ‘Israel Lawyers’ between 6 December 2023 and 14 July 2024.”

His legal team argues the messages relate to the motivations behind Zionist Federation of Australia chief executive Alon Cassuto’s decision to launch racial discrimination proceedings against Kostakidis.

The Zionist Federation opposed this request, arguing that the communications were not relevant to the trial. ZFA also generally opposed Kostakidis’ proposed discovery categories, arguing that compliance would require “approximately 200 hours of work” and impose a significant burden on the organization.

In a statement submitted by its lawyer, ZFA said it was a “small organization with limited financial resources” and employed “approximately 20 staff and volunteers in Australia and two staff overseas”. He said about 90 percent of his staff has changed since 2024.

Doxxing concerns

At the same time, Cassuto wants Kostakidis’ own communications related to the case to be uncovered:

“All documents that reference or relate to the respondent, recording all communications to or from the Applicant between 4 January 2024 and 14 July 2024 (including communications that refer to or relate to the Applicant’s posts on social media platform X).”

Kostakidis’ lawyer, Sherryn Omeri KC, argued that the identities of third parties in the documents should be corrected.

“This is a matter for Mr. Cassuto to justify. Why does he need the names of third parties?” Ömeri told the court: Any privacy arrangement must be reciprocal.

“The privacy protocol would apply both ways. So, for example, if an order were issued to reveal the Israeli Lawyers’ WhatsApp chat messages referring to Ms. Kostakidis, names and mobile phone numbers in the first instance… we would expect them to come to us redacted.”

Omeri told the court that releasing the names could expose third parties to negative consequences.

The affidavit submitted by Kostakidis’ lawyer Jack Vaughan states the following:

“The respondent is concerned that the personal information of those who correspond with or are associated with him may be disclosed to the applicant (and therefore to the Zionist Federation of Australia (ZFA) and potentially other Zionist organisations).

“He is also concerned that such persons may be at risk from the ZFA or other Zionists or Zionist organizations (as he perceives the current allegation against him) or other abusive behavior.”

Cassuto and ZFA’s lawyer, Colette Mintz, rejected suggestions that the material was at risk of misuse.

“No one has ever attempted to defame us, so we don’t really understand what the complaint is,” Mintz told the court. He said the lawyers were bound by the Harman pledge, which restricts the use of documents obtained through litigation.

Public campaign

Omeri argued that the proceedings should be understood in the broader context of the Zionist Federation’s public campaign surrounding its complaint against Kostakidis.

He referred to the ZFA’s 2024 announcement and press conference regarding its complaint against Kostakidis before the complaint was lodged with the Australian Human Rights Commission.

“The point is that this incident occurred before the complaint was made and we say that the purpose of the press conference was to contribute to creating a deterrent effect against prominent Australians such as Ms Kostakidis who are critical of the behavior of the State of Israel,” he said.

Omeri argued that the hearings were part of a broader campaign aimed at deterring criticism of Israel, and told the court:

The aim of this process is a campaign that will create a deterrent effect.

Judge McDonald reserved his decision on the discovery applications. The matter has been listed for a three-week hearing to begin on 30 November.

Earlier this month, Mary Kostakidis won Consortium News’ 2026 Gary Webb award Press Freedom Award to challenge mainstream narratives about foreign policy and war reporting. The award is named in honor of US journalist Gary Webb, whose reporting on the CIA and the Contra cocaine scandal was later partially confirmed by an internal CIA investigation.

Riemer and Keane cases opened

At a separate hearing on Monday, Judge Kennett allowed applicants at the Federal Court hearing against University of Sydney academics Nick Reimer and John Keane to present a fourth version of their statement of claim.

Reimer said in a statement that he was concerned about the delays in the case.

“It has been 14 months since this case began in the Federal Court and we have still not been able to present our defence.”

“At today’s hearing, the judge made it clear that he expected the applicants’ next attempt to change their case to be their last, expressing the hope that the case could come to hearing without further delay. We fully share this hope.”

The applicants have until Friday to file amended defenses, while Reimer’s legal team has until July 24 to respond.

“As our case becomes a legal saga, we recognize that the legal attacks on Palestinian supporters in the developed world are in no way comparable to the nightmare endured by Palestinians in Gaza and increasingly in the West Bank. Our opponents’ delaying tactics and slander only strengthen our determination to fight for justice for Palestine,” Reimer said.

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