Greens pay legal bill after losing fight with party founder over trans row

The Queensland Greens have agreed to pay co-founder Drew Hutton’s legal costs after his successful bid to have his membership reinstated.

Hutton, who helped found the Greens in 1991, was expelled from the party last year in part for refusing to delete comments made by others on his Facebook page the party deemed to be transphobic.

At the time, Hutton blasted the party’s focus on identity politics, which he said risked the Greens being viewed “weird and unlikable” in the wider electorate.

Hutton’s membership was reinstated in November, after the Greens accepted legal advice that he was denied natural justice during the disciplinary proceedings.

Hutton revealed on Monday his legal dispute with the Greens had been settled, with the party agreeing to pay his costs.

As a result, Hutton’s lawyers filed a notice of discontinuance to end the proceedings in the Supreme Court.

“The members of this wonderful team of lawyers have represented many people on environmental and social justice issues over the years,” Hutton said.

“My issue was one of free speech and I was very grateful for the skill with which they put together a formidable argument against my expulsion from the Greens.”

Comment has been sought from Greens federal parliamentary leader Larissa Waters, the Queensland senator who supported Hutton’s expulsion.

Despite the party’s backdown, a Greens spokesperson defended its action against Hutton, while conceding procedural flaws.

“Withdrawing the decision to terminate Mr Hutton’s membership has nothing to do with the substance of the original complaint against him, simply with the process involved,” the spokesperson said.

“This decision does not change the Greens’ longstanding position on trans rights. Trans rights are human rights, and the party’s position on this issue has and will not change.

“Importantly, under the Queensland Greens rules, free speech does not include the right to harm others.”

The spokesperson said all party members, including Hutton, were expected to adhere to the Greens’ charter, constitution, bylaws and code of ethics.

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