Why Porter can’t claim victory after dropping ABC defamation case

But then the odds against Porter got higher.

Firstly his case was to be heard by Federal Justice Jayne Jagot. Justice Jagot was appointed by the former Rudd government in 2008 but was passed over for promotion to the High Court by Porter to the "surprise and disappointment of many around the Sydney courts."

Secondly, Porter suffered a serious setback to his case when his top lawyer, Sue Chrysanthou, was restrained by the court from acting for him due to a conflict of interest.

Barrister Sue Chrysanthou arrives at the NSW Supreme Court in Sydney, Australia, on May 14, 2021, in Sydney, Australia. (David Gray/Getty Images)

Chrysanthou had taken his case after advising on issues related to the case of Joanne Dyer, a friend of the deceased complainant who helped make the allegations public.

It was at this point that the lawsuit was dropped, with both parties agreeing not to pursue the matter further. The ABC would, however, cover the costs of mediation that resulted in the settlement.

To Porter, this was characterised as a victory. But this is simply not the case. On the contrary, an ABC spokesperson said the broadcaster firmly stands by the importance of the article but would update it with an editor's note.

The logo for Australia's public broadcaster ABC is seen on its head office building in Sydney on Sept. 27, 2018. (Saeed Khan/AFP via Getty Images)

In addition, the ABC said it actually does not accept the article suggested that the former attorney-general was guilty but regretted that "some readers misinterpreted the article as an accusation of guilt against Mr Porter."

In other words, the broadcaster strongly rejects the allegation that it regretted publishing the article, which remains online with an editor's note added.

"The article was not sensationalist. It was an accurate and factual report on a letter that had been sent to the Prime Minister and two other senior politicians," the ABC said in a statement.

As can be seen, the ABC does not regret anything, and Porter is simply not telling the truth when he claims they do so.