A theatre group that is facing accusations that it discriminated against an actor who brought up-in-light claims of sexual harassment against another celebrity will attempt to have the lawsuit dropped or concealed.
Christie Whelan Browne filed a complaint against Oldfield Entertainment, alleging victimisation, after she reported that her Rocky Horror Show castmate Craig McLachlan had harassed her.
The case concentrates on alleged prejudice that the plaintiff claims to have encountered both during the performance and in Oldfield’s reactions to her concerns starting in 2017.
In a statement posted on social media earlier in September, Whelan Browne wrote, “I know that I deserved better treatment, that I deserved to feel safe and respected in my workplace.”
“Other women in the arts deserve better, and I won’t accept that anything less than that is ‘just the way it is’.”
The theatrical company is the target of the Federal Court action, which does not ask McLachlan for help.
He was cleared of the charge of alleged sexual assault in December 2020, and in 2022, he abandoned his defamation lawsuit against the media and Whelan Browne because he needed to save his own mental health.
In a Friday hearing in Federal Court, Oldfield Entertainment’s attorney, Bronwyn Byrnes, claimed that the company had suffered a setback in responding to the complaint.
Since some of the defendants in the complaint had left the company and were therefore unable to be forced to take part in the proceedings, it was unknown where they may be today.
Additionally, Byrnes claimed that their recollections would have “significantly diminished.”
She hinted at a request to summarily dismiss or permanently postpone the proceedings, claiming that the respondents had been severely harmed by the more than eight-year wait.
Oldfield also requested extra time to reply to the proceedings, of which Byrnes claimed the company was only made aware last week, and was denied access to transcripts of previous criminal and civil procedures.
We were unaware that any legal action would be taken until that point, she claimed.
Oldfield had been put on notice ever since an Australian Human Rights Commission complaint was filed and it was dismissed, according to Whelan Browne’s attorney Kate Eastman SC.
The arguments put out this morning “should not warrant any delay,” according to Eastman.
Late November is set aside for mediation in an effort to prevent a trial.
With Eastman’s assurance that “a trauma-informed approach” would be used in the trial, Whelan Browne would know exactly what was expected of her.
The actor would feel comfortable testifying orally, but her attorney expressed reservations about the necessity of writing affidavits “recounting all those incidents again” and noted media interest in the case.
Byrnes requested suppression, claiming that earlier reporting had upset and embarrassed McLachlan.
He could decide he would not cooperate in the proceedings because he was not a party to Whelan Browne’s claim, which would further harm the defence, she argued.
Without a formal application, which Byrnes claimed would be presented on Friday, Justice Elizabeth Raper stated that she lacked the authority to make the orders.
Monday’s court date will be used to schedule that hearing.
