Admissibility of expert evidence regarding controversial tweets

• Published date: 05 April 2024
• Subject Matter: Litigation, Mediation & Arbitration, Disclosure & Electronic Discovery & Privilege
• Law Firm: ExpertsDirect

Faruqi v Hanson (evidence rulings)[2024] FCA 225

Background

Senator Mehreen Faruqi published a tweet in response to the death of Queen Elizabeth II in September 2022 as follows:

Condolences to those who knew the Queen.
I cannot mourn the leader of a racist empire built on stolen lives, land and wealth of colonised peoples.
We are reminded of the urgency of Treaty with First Nations, justice & reparations for British colonies & becoming a republic.

Replying to the above tweet, Senator Pauline Hanson published a tweet as follows:

Your attitude appalls and disgusts me. When you immigrated to Australia you took every advantage of this country. You took citizenship, bought multiple homes, and a job in a parliament. It's clear you're not happy, so pack your bags and piss off back to Pakistan. - PH

Senator Faruqi made a complaint about Senator Hanson's tweet to the Australian Human Rights Commission. When Senator Hanson declined to participate in that process, the complaint was terminated, enabling Senator Faruqi to pursue her claim in the Federal Court. Senator Faruqi claims that Senator Hanson engaged in unlawful offensive behaviour because of race, colour, or national or ethnic origin under Pt IIA of the Racial Discrimination Act 1975 (Cth).

Expert...