A Liberal MP contacted a senior News Corp editor with a "piece of gossip" that sparked stories casting doubt over the legality of a colleague's relationship with his now-wife, a court has heard.
Victorian Liberal deputy leader Sam Groth is suing the Herald Sun newspaper over articles published in late July that focused on when he began his relationship with his wife Brittany, who is also the mother of their two children.
The initial front-page story by journalist Stephen Drill said the pair admitted they got together when he was coaching at Templestowe Park tennis club in 2011.
It insinuated Mr Groth, a former tennis ace, could be a sex offender under Victorian law as he was 23 or 24 and she was 16 or 17 at the time.
The Groths allege the articles were defamatory and breached Ms Groth's privacy under federal privacy laws that came into effect in June.
The Federal Court on Thursday heard legal arguments for and against addressing the privacy claim before trial, which has been scheduled for May.
The Herald Sun is seeking to have the claim dismissed or ruled on in a separate hearing, while the Groths want it dealt with at trial along with the allegation of defamation.
Watched on by the Groths, their barrister Sue Chrysanthou SC alleged the original story was set in motion in December when a Liberal MP contacted Herald Sun deputy editor Chris Tinkler with a "piece of gossip".
The outlet published the story without asking Ms Groth for her consent despite it suggesting she may be a victim of a sexual offence, Ms Chrysanthou said.
"So a person in the Liberal party room, who I assume was not present during the teenage sexual activities of Ms Groth, passed on this information to an editor at the Herald Sun," she said.
Professional journalists and media publishers are exempt from the privacy tort when collecting information for preparation to publish or publishing material that has the "character of news, current affairs or documentary".
"News is factual information, it is not fiction," Ms Chrysanthou said.
The outlet's barrister Matt Collins KC argued the clause was a blanket exemption for journalists regardless of the content published.
"We shouldn't have to wait until the end of a trial ... for this to be thrown out," Mr Collins said.
Justice Shaun McElwaine lamented the lack of debate among MPs on the definition of what constituted "journalistic material" when the legislation was progressing through federal parliament.
The court heard then attorney-general Mark Dreyfus said it was a going to be a "matter of case law to work through" when asked about an example by former MP Kylea Tink.
Ms Chrysanthou said the Herald Sun was planning to make a public interest defence to the defamation allegation and there was no defence of truth despite the articles remaining online.
The Groths are personally funding the legal action and Mr Groth continued to be subjected to negative comments on social media over the stories, the court heard.
Justice McElwaine reserved his decision on the preliminary matter, but said the case raised "difficult questions" and required a quick ruling.
"Even at this stage, the costs incurred by the parties ... have been significant and ultimately the loser of this case is likely to face significant cost burdens," he said.
The parties will be locked in mediation on Friday.
