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AAP
AAP
National
Callum Godde

Tennis ace turned MP settles legal claim over stories

Sam and Brittany Groth sued the Herald Sun over articles about when their relationship began. (Morgan Hancock/AAP PHOTOS)

A senior Liberal MP and his wife have settled legal action with one of Australia's biggest newspapers after it cast doubt over the legality of their courtship.

Former tennis ace turned Victorian Liberal deputy leader Sam Groth sued the Herald Sun over articles published in late July that focused on when he began his relationship with his wife Brittany.

Following mediation talks, the parties have reached an agreement to end the dispute with legal bills mounting ahead of a scheduled trial in May.

AAP has been told the confidential settlement includes a published apology and compensation in the hundreds of thousands of dollars.

Brittany and Sam Groth (file image)
The Groths' barrister Sue Chrysanthou argued the stories were not news but "salacious gossip". (Damian Shaw/AAP PHOTOS)

An 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 could be a sex offender under Victorian law as he was 23 or 24 and she was 16 or 17 at the time.

The articles have disappeared online and related social media posts are also expected to be pulled down.

The Groths alleged the articles were defamatory and breached Ms Groth's privacy under federal privacy laws that came into effect in June and allow damage claims up to $478,000.

The legal claim was poised to become a test case to an exemption for professional journalists and media publishers when collecting information for preparation to publish or publication of material that has the "character of news, current affairs or documentary".

Sam Groth in action for Australia (file image)
Sam Groth represented Australia in tennis before becoming a state MP in Victoria. (Joe Castro/AAP PHOTOS)

In Federal Court in October, the Groths' barrister Sue Chrysanthou SC argued the stories were not news but "salacious gossip".

"News is factual information, it is not fiction," she said.

The outlet's barrister Matt Collins KC argued the clause was a blanket exemption for journalists regardless of the content published.

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.

Justice Shaun McElwaine warned the ultimate loser of the case was likely to face significant cost burdens.

The Groths and News Corp Australia have been contacted for comment.

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