Lawyers for Antoinette Lattouf will argue that former ABC president Ita Buttrose and acting chief executive David Anderson were either “instrumental in or materially involved” in the journalist’s sacking during an unfair dismissal case, which is due to be heard next year.

Ms Lattouf took the broadcaster to the Federal Court after she was taken off air midway through a radio slot on ABC Radio Sydney last year.

The stint ended after she shared a social media post about the war in Gaza and claims she was fired for expressing a political opinion and race was a factor in the decision.

Ahead of a five-day hearing scheduled for February, Judge Darryl Rangiah was told today that Ms Lattouf had submitted an affidavit and expert report relevant to her claim for general damages.

Her lawyer, Philip Boncardo, said the ABC had provided nine affidavits from “a variety of witnesses who may have been decision-makers or involved in the decision-making process”.

The case will be based on the evidence of the relevant decision makers, Mr Boncardo said, and the ABC identified Chris Oliver-Taylor, the chief content officer, as the “decision maker”.

“It is our contention and it will be our contention that Ms Buttrose, the (then) chairman of the ABC, and Mr Anderson, the managing director, were either themselves decision-makers or materially involved in the decision-making process, so that their motives to be relevant as well,” he said.

All witnesses for the ABC could be cross-examined

Mr. Boncardo told the judge that at least eight, if not all, of ABC’s witnesses will likely be needed for cross-examination.

Ian Neil SC, representing the ABC, said the broadcaster would argue that Mr Oliver-Taylor was the decision-maker.

“It calls into question any suggestion that there were either other decision-makers or other decision-makers, or that others had a material and legally significant involvement in the decision-making,” Mr Neil said.

The Fair Work Commission previously heard the ABC told Ms Lattouf she had breached the organisation’s social media policy by posting content from Human Rights Watch on her personal Instagram account.

The panel rejected ABC’s position that her employment was not terminated because she was paid for the entire five-day period.

Mr Boncardo said today that this position had been “shaken up again” in the Federal Court case.

Referring to material submitted by the ABC, he said a number of documents were relevant to what led to Ms Lattouf’s termination.

He said they included complaints received by “persons external to ABC” who engaged in “what could be described as a campaign against my client”.

In June, mediation failed, which Ms Lattouf described as “incredibly disheartening”.