Mark Latham Loses Attempt To Recuse Barrister Over Transgender Views In Vilification Case

Mark Latham has lost his attempt to have a Barrister in his case against Alex Greenwich recused this week.

Latham made the request based on the judges public views and support of the transgender community.

However his quest was ultimately unsuccessful.

Mark Latham and Alex Greenwich return to court

This week Mark Latham has appeared in court with Alex Greenwich who has commenced his Homosexual Vilification and Workplace Sexual Harassment proceedings against Latham for his alleged workplace attacks in NSW Parliament, as per the complaint to the Anti-Discrimination board.

The four-day hearing began in the NSW Civil and Administrative Tribunal (NCAT) this week.

These proceedings are separate to Greenwich’s defamation case, which he successfully won.

However before proceedings could begin Mark Latham made the request to have a barrister on the case recused.

Latham called for senior legal member Mandy Tibbey to recuse herself from the case of her public views of support for the transgender community in the Anglican church as well as comments about sex, gender and sexuality.

In a 2024 lecture at Trinity College Tibbey expressed the “emerging need for greater understanding of transgender issues.”

He claimed these views could affect her impartiality in the case which he described as being about “identity politics.”

In his request this week Latham expressed his disbelief that Tibbey had been allocated to the case asking how the senior legal member could “possibly be neutral on this matter.”

“I would’ve thought it’s not so hard for NCAT to ensure … those hearing the matter are absolutely neutral” he said.

However during his submission on the matter he was interrupted, with Ms Tibbey telling the court that it was “not an opportunity for Mr Latham to grandstand and foreshadow his argument”.

Lawyer for Mark Latham, Zali Barrows attempted to argue that Latham’s opposition to Greenwich’s Equality Bill would impact Ms Tibbey’s views of Latham in the proceedings.

“The main concern is that your views are potentially going to be perceived by the fair minded person more in line with the applicant … as opposed to the respondent,” said Latham’s lawyer.

However Ms Tibbey argued that the case between Latham and Greenwich had “nothing to do with transgender people” and declined to recuse herself from the case.

Proceedings continue

Alex Greenwich’s case of Homosexual Vilification and Workplace Sexual Harassment against Mark Latham continued as planned after the Latham’s request.

The case continues to arise from the 2023 incident where Greenwich criticised a speech given by Latham who then published a series of shockingly anti-LGBTQIA+ tweets on X about him.

The independent MP described the tweets as “graphic” and “homophobic.”

After Greenwich took legal action the Federal court eventually ruled in his favour, determining that Mark Latham had defamed him with the tweets.

In April this year Justice David O’Callaghan ruled that Latham must pay 70% of Greenwich’s legal expenses. The resulting figure was estimated at over $500,000.

Lawyers for Greenwich this week indicated that the comments made by Latham had incited hatred, contempt or severe ridicule.

The case is expected to run until the end of this week.

This article was originally published in the Star Observer.