The ABC’s escalating legal costs in the Lattouf case
The Australian Broadcasting Corporation has disclosed that its external costs defending journalist Antoinette Lattouf in a high-profile employment dispute have surpassed $2.5 million. The figure was revealed by managing director Hugh Marks during Senate estimates, highlighting the financial impact of litigation on the national broadcaster.
The court ruling and what it means
A Federal Court judge ordered the ABC to pay $150,000 in damages after finding that the broadcaster breached the Fair Work Act by terminating Lattouf during a five-day radio presenting contract in December 2023. The judge concluded that the dismissal occurred amid efforts to address concerns raised by a Human Rights Watch post about the war in Gaza and suggested that the decision was influenced by political considerations rather than legitimate employment grounds.
Lattouf had already received $70,000 in compensation for non-economic loss. The ruling has been described by the court as showing a breach of due process and process-related standards within the ABC at the time of the dismissal.
Costs that continue to evolve
Mr. Marks noted that the total external costs are still subject to final accounts, and there may be further proceedings if a costs hearing occurs. He stated that, while the ABC had previously estimated the external costs at about $1.1 million, the figure has risen as the case unfolded. “There are still some final accounts to come in,” he said, adding that the organization could not definitively close the matter yet.
Internal costs, according to Marks, are less easily quantified but involved significant time and effort from many staff members. He admitted that the situation should have been avoided and reflected poorly on the organisation. In his words, the episode underscored the need for better adherence to internal processes and a clearer understanding of decision-making authority within the ABC.
Lessons learned and moving forward
When asked what the ABC had learned from the Lattouf dismissal, Marks framed the takeaway as a call to stay calm under pressure, to uphold standards, and to ensure that duties align with established processes. He said that there were several failings in the handling of the matter, but emphasized that these should serve as reminders of the expectations and responsibilities for appropriate conduct in all circumstances.
Context and continuing discussion
The Federal Court’s findings touched on broader questions about media ethics, political pressure, and the role of external advocacy in shaping employment decisions within public institutions. The Lattouf case has become a touchstone for debates about how publicly funded broadcasters manage sensitive political topics, and how they respond when legal action follows administrative decisions. Lattouf herself stated after the ruling that the dispute was never about money and that the broadcaster had spent “well over $2 million of taxpayer money” fighting her case, underscoring the public interest dimension of the issue.
Implications for future governance
As the ABC reviews its processes and governance structures in light of the judgement, critics argue that the broadcaster must demonstrate more robust risk management and transparent decision-making to restore public confidence. The organisation’s leadership asserts that improvements will be implemented to prevent similar missteps and to safeguard editorial and employment standards going forward.
