Rob and Fern Messenger ordered to pay unfair dismissal case costs

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NewsRob and Fern Messenger ordered to pay unfair dismissal case costsBy Matt MaloneyUpdated January 25 2023 - 11:53am, first published 11:13amBy Matt MaloneyUpdated January 25 2023 -

11:53am, first published 11:13amFacebookTwitterWhatsappEmailCopyRob and Fern Messenger The Federal Court has ordered that Senator Jacqui Lambie's former senior advisor and his wife each pay

$47,300 for costs associated with an unfair dismissal case against the Commonwealth Government.

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50% off EOFY SaleAll articles from our website & appThe digital version of Today's PaperCrosswords, Sudoku and TriviaAll other regional websites in your areaContinue In his judgment on

Wednesday, Justice John Snaden dismissed an application from Senator Jambie for Rob and Fern Messenger to pay her costs as part of the court case.

He, however, made an order that the couple pay 55 per cent of costs expended by the Commonwealth over the matter.

"That sum should be recoverable in its entirety-half from each of Mr and Mrs Messenger," Justice Snaden said.

The applications from the Commonwealth and Senator Lambie were made on the basis that the Messengers instituted the proceedings for vexatious reasons and without reasonable cause.

It was noted the pair had rejected a settlement offer made by Senator Lambie before the trial, which was six weeks' pay to Mr Messenger, totalling $14,978.07 before tax, and six weeks' pay

to Mrs Messenger, which was $9,557.65 before tax.

Justice Snaden found that the Messengers also filed large amounts of irrelevant evidence for the trial.

"I accept that the trial was extended unreasonably by the Messengers' insistence on exploring matters that bore no connection with anything that they had pleaded," he said.

The trial extended over 16 days.

Mr and Mrs Messenger were employed as staffers by Senator Lambie after she won a seat in the Senate in 2014.

They were sacked in 2017 after they sent a Public Disclosure Document to former prime minister Malcolm Turnbull containing allegations workplace bullying and sexual harassment leveled at

Senator Lambie.

In a previous judgment, Justice Snaden said the letter was designed to embarrass their former employer.

He added during the unfair dismissal trial, the pair were at times unable to control their obvious personal animosity towards Senator Lambie.

"On occasions, they put matters - both in their evidence in chief and by way of questions to each other or to other witnesses - that were highly inappropriate and ought never to have been

put," Justice Snaden said.

"Despite repeated warnings, the Messengers appeared at times determined to turn the trial into some kind of broad-ranging judicial inquiry into Senator Lambie's character; or, which is

worse, into a trial by media."

The Messengers were not present by videolink at Wednesday's hearings over costs.

Senator Lambie and fellow senator Tammy Tyrell, who gave evidence at the trial, attended.

ShareFacebookTwitterWhatsappEmailCopyMatt MaloneyPolitical reporter for Australian Community Media, based in Hobart.Political reporter for Australian Community Media, based in Hobart.More

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