Northern Territory senator Jacinta Nampijinpa Price has been ordered to pay up by the Federal Court, before a defamation suit against her has properly begun.
The shadow Indigenous Australians minister is being sued by Central Land Council chief executive Lesley Turner over a media release which he claims defamed him.
A Federal Court justice ordered on Wednesday Senator Nampijinpa Price pay $1500 after her legal team failed to file a defence to present at the hearing as required.
According to a statement of claim filed with the court, a media release published by Senator Nampijinpa Price in July wrongly suggested Mr Turner no longer had the support of the majority of Central Land Council members due to alleged "unprofessional behaviour".
The media release implied Mr Turner had “behaved so unprofessionally that it warranted his dismissal” and was “unfit to continue to occupy the role of CEO”, according to the document.
Representing Mr Turner, high-profile defamation lawyer Sue Chrysanthou SC told Wednesday's hearing the defendants were asking for a four-week adjournment in which to lodge their defence.
"We understand that there's a personal matter that’s caused the delay,” she said.
"We understand that some time might be needed.”
Justice Michael Wheelahan said regardless of the reasons, the delay placed Senator Nampijinpa Price in default and ordered she pay the costs for Mr Turner's legal team appearing at the hearing.
"There’s an expectation that by the first case management a defence will be filed," Justice Wheelahan told the senator's barrister Barry Dean.
"It appears on the evidence that is before me, your instructing solicitor does not respond to courteous requests for information.
"That's not acceptable in my court. That's not acceptable behaviour by a legal practitioner."
According to the statement of claim, Senator Nampijinpa Price's assertions were published by the NT News in an article titled, “No confidence motion against Lesley Turner defeated”.
The newspaper later publicly apologised to Mr Turner and retracted the article.
In a statement released on his behalf, Mr Turner's lawyers said he is keen for the matter to move forward.
“Mr Turner has brought these proceedings to seek vindication for the unjustified allegations published about him and looks forward to the proceedings moving forward as expeditiously as possible and in accordance with the Court's procedures and expectations.”
The court ordered the Country Liberal senator's legal team file their defence by November 20, before the next hearing on December 4.