Drew Hutton, a co-founder of the Australian Greens, is taking the party to court after his life membership was revoked six weeks ago over comments relating to transgender rights. The 78-year-old retiree filed an affidavit in the Queensland Supreme Court on Tuesday, arguing that he was denied natural justice and procedural fairness when his membership was terminated by an assembly of branch delegates on 20 July.
The expulsion stemmed from comments made by others below Hutton's social media posts in June 2022. The party's disciplinary committee concluded that he had provided a platform for transphobia by failing to remove the comments. Hutton has maintained that he was pursuing free speech and a 'respectful discussion and debate of the rights of trans people and others'. He told Guardian Australia that 'as part of the whole suspension and expulsion process, there is a whole lot of skulduggery that has gone on'.
Queensland Greens convener Gemmia Burden said the party would closely examine the legal documents filed by Hutton's legal team. Following his expulsion, she stated that 'no member' was above the need to treat others with respect, adding that it was 'disheartening to see that Mr Hutton has prioritised his perceived right to free speech over the safety of others'. Australian Greens leader and Queensland senator Larissa Waters declined to comment but has previously backed the outcome of his internal appeal, describing it as 'good governance'.
Hutton will argue that his internal appeal was lost on 'allegations and the presentation of information that were never conveyed to me'. He claims he never received a copy of the initial complaint, was never told who made it, and was never offered an opportunity to resolve the matter. He also contends that the obligation to delete all comments deemed offensive was 'just simply not right in law and was not right according to the Greens' own constitution'.
Hutton is being represented by high-profile barristers Stephen Keim and Chris McGrath and expects a legal bill of at least $150,000. He plans to launch a crowdfunding campaign and seek costs from the Greens if successful. His three objectives are to regain his membership, obtain a public apology, and 'stop the expulsions, all around Australia'. He says more than 40 former Greens members who were expelled or forced out over alleged transphobia have contacted him.
