Industry Minister Christian Porter.

Industry Minister Christian Porter.Credit:Alex Ellinghausen

The order said the information may be disclosed “to the South Australian State Coroner and Senior Counsel Assisting the State Coroner,Stephen Plummer,and such other persons as each of them may authorise for the purpose of the investigation into the death of a person referred to in the unredacted defence”.

A temporary suppression order over the 27 pages wasmade by Justice Jayne Jagot in May,pending an anticipated pre-trial application by Mr Porter to strike them out and remove them from the court file on the basis that they contained “scandalous” and “vexatious” material,or material that was “otherwise an abuse of the process”.

Mr Porter agreed in May towithdraw his high-stakes defamation case against the ABC,although the proceedings have not yet been officially discontinued.

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As part of a settlement deed,the ABC and Mr Porter agreed to seek a court order that the 27 pages “be permanently removed from the court file”. The pages are redacted in thepublicly available version of the defence.

Nine,the publisher of this masthead,and News Corp have argued that the unredacted defence should not be removed from the court file,as they seek to access the suppressed material. Justice Jagot will deliver her decision on whether the material should remain on the court file on Friday.

Mr Porter had claimed an article on the ABC’s website defamed him in a number of ways,including by suggesting he “brutally raped a 16-year-old girl in 1988”,when he was 17,and this contributed to her taking her own life last year,after she told NSW Police that she did not wish to pursue her complaint. He strenuously denies the claims.

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In an editor’s note on the story,published after Mr Porter indicated he would withdraw his case,the ABC says the article was “about a letter to the Prime Minister containing allegations against a senior cabinet minister” and the article was about Mr Porter,although he was not named.

The note says the ABC “did not intend to suggest that Mr Porter had committed the criminal offences alleged” and “did not contend that the serious accusations could be substantiated to the applicable legal standard – criminal or civil”.

Prime Minister Scott Morrison said earlier this yearthat he had no doubt Mr Porter would co-operate if the South Australian Coroner decided to hold an inquest into the death of the woman.

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