The situation has taken on an added political dimension, for if the government ministers are charged and convicted they could be kicked out of parliament, putting the Coalition’s slender majority at risk.



At a court hearing last Friday, the lawyer representing The Australian said the newspaper retracted the original story and apologised to the Victorian judges, adding "don't shoot the messenger”.

After being pressed by the judges, the Commonwealth’s solicitor-general Stephen Donaghue, representing the ministers, said the men each withdrew one of their comments and expressed regret for making them while the appeal was ongoing.

The ministers, through the solicitor-general, stopped short of apologising, and the court reserved its judgement on whether to bring contempt charges against the MPs.