Former councillor Kate Richards uses LNP’s own rules in defamation claim

In December 2020, Ms Richards launched a Supreme Court defamation action against 12 current and former members of the party’s leadership team, claiming $1 million in damages after losing her income as the LNP councillor for Pullenvale.

One of the people Ms Richards is suing is her former colleague in City Hall, Brisbane lord mayor Adrian Schrinner.

Other defendants include Mr Hutchinson, current president Cynthia Hardy, former state LNP leader Lawrence Springborg, who was removed from the party’s executive in July 2020, vice-president Cameron O’Neil, past president Gary Spence, former member of the state executive Malcolm Cole and state director Michael O’Dwyer.

In documents filed as part of the civil case, Ms Richards’ lawyers list several rules from the LNP constitution and argue members of the president’s committee and state executive are liable because they wrote, authorised or contributed to the production and publication of the media release.

“Firstly, the president’s committee were duly notified of the publication of the matter complained of prior to its release on 10 December 2019 by either the president or state director under rule V.13, in which case the president’s committee had actual knowledge and approved of the release of the publication by reason of which the members of the president’s committee are jointly and severally liable for publication,” the allegations read.

“In the alternative, either the president, or the state director, could not or did not make ‘reasonable efforts’ to consult with the president’s committee prior to publication date, and published the matter complained of without the president’s committee prior approval, then the president’s committee is by operation of Rule N.4 deemed to be a decision of the committee.”

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The claim states no attempt was made by any member of the president’s committee, state director, state executive or any member of the LNP to withdraw the press release as being made without their authority.

“In the premises and by reason of the serious accusations that the matter complained of made about the plaintiff [Ms Richards] and its widespread publicity it was incumbent upon members of the president’s committee, the state director, the members of the state executive or any member of the LNP to withdraw or denounce the matter complained of as either made without due authority of the LNP, the state director, the state executive or the president’s committee, or that it was counterfeit, if such was the case, and by reason of their failure to do so they are jointly and severally liable for the publication and re-publication of the matter,” it reads.

Ms Richards’ lawyers say the LNP press release was republished by media organisations, with news articles also shared on Reddit.