WhatsApp battle. Zionist action v Mary Kostakidis drags through discovery
· Michael West
Former SBS journalist Mary Kostakidis was back in court on Monday, defending herself against racial discrimination claims by the Zionist Federation of Australia. Stephanie Tran with the update.
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As the Royal Commission into Antisemitism and Social Cohesion began its third hearing block, two of Australia’s highest-profile legal disputes arising from criticism of Israel returned to the Federal Court on Monday.
In separate hearings, the court dealt with interlocutory disputes in proceedings brought by Zionist complainants against veteran journalist and former SBS news presenter Mary Kostakidis and University of Sydney academics Nick Riemer and John Keane.
Battle over WhatsApp messages
Kostakidis is seeking access to communications within a WhatsApp group known as “Lawyers for Israel”, including:
“All documents recording communications sent and received by members of the WhatsApp group called ‘Lawyers for Israel’, in the period 6 December 2023 to 14 July 2024 inclusive, referring or relating to the respondent.”
Her legal team argue that the messages are relevant to the motivations behind Zionist Federation of Australia chief executive Alon Cassuto’s decision to commence racial discrimination proceedings against Kostakidis.
The Zionist Federation opposed the request, arguing the communications were not relevant to the proceedings. The ZFA also broadly opposed Kostakidis’s proposed discovery categories, arguing that compliance would require “approximately 200 hours of work” and impose a substantial burden on the organisation.
In an affidavit filed by its solicitor, the ZFA said it is a “small organisation with limited financial resources”, employing approximately “20 employees and volunteers in Australia and two staff overseas”. It said approximately 90% of its staff had changed since 2024.
Doxxing concerns
At the same time, Cassuto is seeking discovery of Kostakidis’s own communications concerning the case, including:
“All documents recording any communications to or from the Applicant in the period 4 January 2024 to 14 July 2024 inclusive, referring or relating to the respondent (including communications referring or relating to posts by her on the social media platform X).”
Counsel for Kostakidis, Sherryn Omeri KC, argued that the identities of third parties contained in the documents should be redacted.
“It’s a matter for Mr Cassuto to justify. Why does he need the names of third parties?” Omeri told the court, adding any confidentiality arrangements should operate reciprocally.
“The confidentiality protocol would apply both ways. So, for example, if an order were made for discovery of the Lawyers for Israel WhatsApp chat messages referring to Ms Kostakidis, in the first instance, the names and mobile phone numbers … we would expect them to come to us redacted.”
Omeri told the court that disclosure of names could expose third parties to adverse consequences.
An affidavit filed by Kostakidis’s solicitor, Jack Vaughan, states:
“The respondent is concerned about the exposure to the applicant (and thus to the Zionist Federation of Australia (ZFA) and potentially to other Zionist organisations) of the personal information of persons who have corresponded or been involved with her.
“She is also concerned that such persons may be at risk from the ZFA or other Zionists or Zionist organisations of ‘lawfare’ (such as she perceives the present claim against her to be) or other harassing behaviour.”
Counsel for Cassuto and the ZFA, Colette Mintz, rejected suggestions that there was a risk of misuse of the material.
“Nobody has engaged in doxing on our side, so we don’t really understand what the complaint is,” Mintz told the court. She said legal practitioners were bound by the Harman undertaking, which restricts the use of documents obtained through litigation.
Public campaign
Omeri argued the proceedings should be understood in the broader context of the Zionist Federation’s public campaign surrounding its complaint against Kostakidis.
She referred to the ZFA’s 2024 announcement and press conference concerning its complaint against Kostakidis before the complaint had been lodged with the Australian Human Rights Commission. The press conference was conducted by both Cassuto and ZFA President Jeremy Leibler.
“The point is that it took place before the complaint had been filed, and we say that the objective of the press conference was to contribute to creating a chilling effect against prominent Australians like Ms Kostakidis, who are critical of the conduct of the State of Israel,” she submitted.
Omeri pointed to the close relationship between Cassuto’s solicitors Arnold Bloch Leibler and the ZFA.
“Both ABL and the Liebler family, which we understand comprises at least three lawyers, Mark Liebler, Jeremy Liebler the president [of the ZFA], and Rafael Liebler is a platinum sponsor of the Zionist Federation of Australia”
She argued that the proceedings formed part of a broader campaign intended to deter criticism of Israel, telling the court:
The aim of this proceeding is a campaigning one to cause a chilling effect.
Justice McDonald reserved his decision on the discovery applications. The matter is listed for a three-week hearing beginning on 30 November.
Earlier this month, Mary Kostakidis won the Consortium News’ 2026 Gary Webb Freedom of the Press Award for challenging mainstream narratives on foreign policy and war reporting. The award is named in honour of US journalist Gary Webb, whose reporting on the CIA and the Contra cocaine scandal was later vindicated in part by an internal CIA investigation.
Riemer and Keane cases strung out
In a separate hearing on Monday, Justice Kennett allowed applicants in the Federal Court proceedings against University of Sydney academics Nick Riemer and John Keane to file the fourth version of their statement of claim.
In a statement, Riemer said he was concerned about the delays in the case.
“It is now coming up to 14 months since this case began in the Federal Court, and we still haven’t been able to file our defence,” he said.
“During the course of today’s hearing, the judge made it clear that he expected this next attempt by the applicants to change their case to be the last, and expressed the hope that the case will be able to come to trial without further delays. We share this hope fully.”
The applicants have until Friday to file their amended pleadings, while Riemer’s legal team has until 24 July to respond.
“As our case becomes a legal saga, we are mindful that lawfare attacks against Palestine supporters in the developed world do not compare in any way with the nightmare being endured by Palestinians in Gaza and, increasingly, the West Bank. Our opponents’ delay tactics and slanders only strengthen our determination to campaign for justice for Palestine,” Riemer said.
Mary Kostakidis. Forced to argue against Israel’s war in an Australian court