Former Labor leader Mark Latham has claimed a defamation lawsuit brought against him by an editor of news and pop culture website Junkee is an attempt to "break" him financially after he spoke out against "anti-white racism".
Junkee's Osman Faruqi, a former Greens staffer and candidate, filed documents in the Federal Court in October seeking damages and legal costs from Latham for accusing him of encouraging terrorism.
The comments were made on Latham's YouTube program, Mark Latham's Outsiders, which he set up after he was sacked by Sky News in March.
At a preliminary hearing in the Federal Court on Thursday, Faruqi's barrister, Bruce McClintock, SC, said the defence filed by Latham's legal team could be described in "neutral" terms as exhibiting "some peculiarities".
Faruqi's legal team will ask the court to strike out the defence at a later hearing, the court heard.
Justice Michael Wigney said the defence included claims the proceedings are "vexatious" and "brought for an improper purpose".
Faruqi is suing over an episode of the Outsiders program uploaded on August 2, titled "The Rise of Anti-White Racism and Terrorist Plots in Australia".
During the program, Latham took aim at Faruqi for tweeting about the citizenship saga that led Greens senators Scott Ludlam and Larissa Waters to quit Parliament.
"Dude wtf is happening...?" Muslim activist and television host Yassmin Abdel-Magied tweeted at Faruqi on July 27.
"The white people are getting f---ed Yas, it's happening," Faruqi replied.
Abdel-Magied replied: "Hahahaha. Look, they wanted people to go back to where they came from ... and didn't realise it included them too?"
Latham said of Faruqi's tweets: "He is celebrating anti-white racism in Australia."
The former Labor leader said "this type of anti-white racism is totally unacceptable" and the comments fomented "hatred of white people".
"As such, they are effectively encouraging the terrorists in this political environment to do their worst," Latham said.
In a statement of claim, Faruqi said the program conveyed three defamatory meanings, namely that he "knowingly assists terrorist fanatics who want to kill innocent people in Australia", "condones the murder of innocent people by Islamic terrorists", and "encourages and facilitates terrorism".
Latham said outside court it appeared the case would be "dragged out 'til a trial next year".
"It's expensive, this is what lawfare is. It's not just the legal issue, there's a political dimension where they're trying to break me financially and Mark Latham's Outsiders," Latham said.
Faruqi joins a roll-call of political and media figures who have threatened to take, or have in fact taken, legal action against Latham for defamation.
The case returns to court on December 18 for a further preliminary hearing.
