28/09/2023, 14:44
Barilaro v Google LLC [2022] FCA 650
stand at the 2008 Council elections as an independent to remedy the situation. He secured the second highest
vote at the election and remained on the Council till 2012. He came to realise that there were limited
opportunities at council level for him to deliver what he thought the community needed. He had an interest in
State politics “because it was still local”. After approaches by both the Liberal Party and Nationals, he
decided to seek preselection in about 2010 as a Nationals candidate for the local state seat of Monaro, then
held by a locally popular Labor Government Minister, the Hon Steve Whan MP. He was preselected,
campaigned for 12 months and won the seat by 750 votes with a swing of about 8.3% which was lower than
the average for the incoming Government because of Mr Whan’s popularity in the 2011 State election.
16 In his maiden speech he referred to his father as his superhero, because he was a migrant who came to
this country and “showed courage and sacrifice”. He recalled in his evidence his father’s pride in his being
elected. Mr Barilaro held several Parliamentary Committee positions between 2011 and 2014 and was
Temporary Speaker from November 2011 to May 2014 when he was appointed as Parliamentary Secretary
for Small Business and Regional Development until being made Minister for Regional Tourism, Minister for
Skills and Minister for Small Business in October 2014.
17 In mid-2014, Mr and Mrs Barilaro acquired Dungowan Estate, a large rural property, near Queanbeyan.
Mrs Barilaro ran that property as an Airbnb style business and the family also used it as a second family
home and spent holiday times there.
18 Mr Barilaro won the 2015 election, again against Mr Whan, with a 6.3% margin, being more than the
previous margin and a 2.5% swing, despite an unfavourable redistribution and a state-wide swing against the
Government of over 9%. In the new Cabinet, Mr Barilaro was appointed Minister for Regional Development,
Minister for Skills and again Minister for Small Business.
19 On 15 November 2016, Mr Barilaro became leader of the Parliamentary National Party and Deputy
Premier of New South Wales. In a reshuffle in January 2017, he retained the Minister for Skills and Small
Business portfolios and also became Minister for Regional New South Wales.
20 In the 2019 state election, Mr Barilaro was re-elected with a margin of 12%, winning every booth. He
said this had never been done in State politics by either side. He said Monaro traditionally had been a
bellwether seat which the government party had only failed to win twice in 29 elections. He was proud that,
despite his Ministerial responsibilities, his enthusiasm for being a local member had made his seat a safe one,
saying “It was the most humbling experience and an endorsement by my community that… I cherish
forever”. From April 2019, he was Minister for Regional New South Wales, Industry and Trade.
21 After he entered State Parliament in 2011, Mrs Barilaro agreed to run Ryleho’s business until the 2015
election when they could reassess matters, given the narrowness of his 750 vote win. After winning the 2015
election, with the birth of their youngest daughter, Mr and Mrs Barilaro decided that she should be at home
with the young child. They also decided to sell the Ryleho business, which occurred in 2016. In late 2020, Mr
and Mrs Barilaro separated.
Mr Barilaro’s experience with friendlyjordies
22 In about the first half of June 2020, a journalist with The Daily Telegraph newspaper, James O’Doherty,
approached Mr Barilaro’s director of communications and enquired whether he was aware of an online
comedian who was imitating, using strong accents, the then-State Premier, the Hon Gladys Berejiklian MP,
and Mr Barilaro. Both politicians are children of migrant parents whose first language was not English. This
is how Mr Barilaro first learnt of Mr Shanks.
23 Mr Barilaro asked for a link to the video to which Mr O’Doherty referred and then watched it. Mr
Barilaro concluded that the video was “a low attempt at comedy, but it’s just racist and disgusting and I
wanted to call it out”. He prepared a response that was given to Mr O’Doherty who then published a story in
the Daily Telegraph. He gave this evidence:
You know, Gladys’ story is a great migrant story as well, and … and as a Deputy Premier you feel
protective of the Premier, so … I was happy to be … the one that called it out, and I called it out.
https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2022/2022fca0650
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