How Mark Latham could be kicked out of NSW Parliament

6 hours ago 3

It may not be lurid allegations of emotional and physical abuse levelled against him by his long-term girlfriend that ends Mark Latham’s political career. The maverick MP has another looming disaster that could see him removed from NSW Parliament.

Latham denies the accusations made by Nathalie Matthews. Separately, he has a significant legal bill hanging over his head that, if he cannot pay, it will probably force him into bankruptcy and out of parliament. It is a live risk for Latham that could materialise this year.

Mark Latham (left) could face bankruptcy after defaming Sydney MP Alex Greenwich.

Under the NSW Constitution Act 1902, any member of either house of parliament who “becomes bankrupt or takes the benefit of any law for the relief of bankrupt or insolvent debtors” must have their seat declared vacant.

If Latham does not have the means to pay $140,000 plus legal costs, which already exceed half a million dollars in total, the one-time federal Labor leader will be disqualified from office.

His possible bankruptcy stems from the ex-NSW One Nation leader defaming Sydney MP Alex Greenwich in a highly graphic and offensive tweet (which the Herald chooses not to repeat).

In a decision last year, the Federal Court awarded Greenwich $140,000 in damages over the post on Twitter, now X, in March 2023. Greenwich’s barrister, Dr Matt Collins, KC, told the court that the tweet, which described sexual activity in graphic and offensive terms, was a “vile, homophobic attack” on the openly gay Greenwich.

Federal Court Justice David O’Callaghan this year ordered Latham to pay Greenwich’s legal costs of the defamation case on the ordinary basis, which results in the successful party recouping about 70 per cent of their bills.

The independent Sydney MP’s costs have been estimated at more than $600,000. And it does not end there for Latham.

Greenwich has a homosexual vilification and workplace sexual harassment claim against Latham before the NSW Civil and Administrative Tribunal. Latham’s lawyer Zali Burrows told a recent hearing before the tribunal that if Greenwich sought costs, Latham may face bankruptcy.

Latham could, of course, rely on wealthy supporters to bankroll him and save him from political exile. In Victoria, the former opposition leader John Pesutto was facing expulsion from the parliament after facing bankruptcy until he was thrown a financial lifeline.

However, a bankrupt Latham would be welcome news not only for his political nemesis Greenwich, but also the NSW Labor government, which has refused to work with the rogue MP.

While they cannot dictate his vote, the government can refuse to hand him plum gigs such as committee chairs, which they have done since coming to power. And they can remind all and sundry of their views on the man who was nearly prime minister.