Professor Barry Spurr, suspended over racist emails, is 'collateral damage' in 'political attack' over national curriculum review: lawyers
The Federal Court has continued an order preventing news website New Matilda publishing further details of racist and sexist emails allegedly sent by suspended Sydney University professor Barry Spurr.
New Matilda has also been ordered to keep in safe custody all copies of the emails that came from the computer records or database of Sydney University.
Earlier in court on Thursday, lawyers for Professor Spurr told the court he was collateral damage in a political attack on the Federal Government by New Matilda over the national curriculum review.
His lawyers are seeking orders for the emails to be taken down from the New Matilda site and an affidavit disclosing how many emails the news website has and who they have been provided to.
Professor Spurr's lawyers backed away from their earlier demand that New Matilda reveal the source of the leaked emails, telling the court "we did not want this case to be distracted by revealing a source".
Arthur Moses SC told the court Professor Spurr was "collateral damage" in what "appears to be a political attack on the Government over the national curriculum review".
Professor Spurr was a consultant to the Government's national English curriculum review.
His lawyers argue the publication of the emails breaches the Privacy Act, in particular the section that refers to breach of confidence.
New Matilda's lawyer Sandy Dawson told the court there can be no court action under the Privacy Act because there was an exemption for media organisations and "that's been entirely overlooked" in what he described as "whimsical submissions" by Professor Spurr's lawyers.
Judge Michael Wigney told the court "this is not a very satisfactory area of law".
"A more opaque piece of legislation I'm yet to discover," Justice Wigney said.
"I've seen some bad legislation before but this is way out there."
The case has been listed for a three-day hearing starting on December 8.
In a statement, Sydney University said it had "identified the recipients of the emails published by New Matilda" as part of its investigations into the matter.
"Contrary to reports that these individuals are senior University academics, none hold leadership positions within faculties. None are members of the University’s senior executive group and none have senior administrative responsibilities at the University. None of them are currently on the University payroll," the statement said.
"The University has no disciplinary authority over third parties.
"Publication of the names and further details of these emails' recipients is currently a matter before the courts, and the University has no comment on those matters.
"The University continues to reaffirm its concern at the allegations of racism and sexism by any member of staff and reserves the right to take further action against any staff or student who has breached its Code of Conduct."
