AcklandRichard, ‘Sometimes the Media have to be Judge and Jury’, Sydney Morning Herald (Sydney), 15 May 2009, 11.
2.
MeadJenna (ed) ‘Introduction – Tell it Like it Is,’Bodyjamming – Sexual Harassment, Feminism and Public Life (Allen & Unwin, 1997) 6.
3.
Ibid. Mead's term ‘melodramatic’ refers to classic tabloid journalism, with screaming simplistic headlines, highly emotive language, and a focus on scandal and gossip. While Mead herself does not define ‘flattened,’ we understand the term to refer to media commentary located beyond the front page, offering detailed but dry analysis to those readers who bother to dig for it.
See, eg, ButlerBen, ‘IBM saleswoman in $1.1m sexual harassment claim’, The Age (Melbourne), 16 April 2011, 3.
6.
See ButlerBen, ‘Beacon of female equality in court over accusations of bullying’, Sydney Morning Herald (Sydney), 20 June 2011, 1; MurphyJason & LowHannah, ‘Law firm faces its own bullying case’, Australian Financial Review (Sydney), 11 May 2011, 3.
7.
MacKinnonCatharine, Sexual Harassment of Working Women (Yale University Press, 1979).
8.
See MasonGail & ChapmanAnna, ‘Defining Sexual Harassment: A History of the Commonwealth Legislation and its Critiques’ (2003) 31(1) Federal Law Review195.
9.
For example, s 106 of the Sex Discrimination Act 1984 (Cth).
10.
EastealPatricia & SaundersSkye, ‘Interpreting Vicarious Liability with a Broad Brush in Sexual Harassment Cases’ (2008) 33(2) Alternative Law Journal75.
11.
In two different case samples about 90% of employers were included as respondents. See Easteal & Saunders, ibid, and EastealPatricia & PriestSusan, ‘Employment Discrimination Complaints at the ACT Human Rights Office: Players, Process, Legal Principles and Outcome’ (2006) 8(1) Contemporary Issues in Law, 62–79.
12.
Australian Human Rights Commission Act 1986 (Cth), ss 46PF (1) and (5). In Easteal & Priest, ibid, only nine of 46 harassments were declined. Annual Reports for the Australian HRC, eg, do not disaggregate the outcome by the grounds but in 2009–2010, 160 of 568 of complaints filed under the SDA were terminated by the Commissioner. See <http://www.hreoc.gov.au/about/publications/annual_reports/2009_2010/complaint-statistics.html> at 9 November 2011.
13.
Section 75(3c) Discrimination Act 1991 (ACT).
14.
De Domenico v Marshall [2001] ACTSC 52.
15.
See TylerDeb & EastealPatricia, ‘Sexual Harassment in the Tribunals: The Credibility Gap’ (1998) 23(5) Alternative Law Journal211; EastealPatricia & JuddKeziah, ‘“She Said, He Said” Credibility and Outcome in Sexual Harassment’ (2008) 31(5) Women's Studies International Forum336; EastealPatricia & SaundersSkye, ‘The (Un)Successful Rural Workplace Sexual Harassment Complainant’ (2011) 10(2) Canberra Law Review84–96.
16.
Easteal & Priest, above n 11, the complainant was successful in 59% of the 37 sexual harassment conciliations.
17.
GazeBeth & HunterRosemary, Enforcing Human Rights in Australia: An Evaluation of the New Regime (OUP, 2011).
HelyBrook, ‘Open All Hours: The Reach of Vicarious Liability in “Off-Duty” Sexual Harassment Complaints’ (2008) 36(2) Federal Law Review174.
22.
Font v Paspaley Pearls Pty Ltd [2002] FMCA 142, [162], citing Hehir v Smith [2002] QSC 92, [42].
23.
[2005] FMCA 402, [105].
24.
In coverage of the initial Directions Hearing, journalist Kate Lahey observed, ‘In a case that is being fought through media managers as well as in the courtroom, Justice Geoffrey Flick warned he would not let his court be used as a stage for public relations, and lawyers should confine themselves to legal submissions.’ LaheyKate‘McInnes hits back at new allegations of harassment’, Sydney Morning Herald (Sydney), 31 August 2010, 5.
25.
Mead, above n 2.
26.
KontominasBelinda and MannSimon, ‘Are you being sued? Sordid details of $37 million DJs sex claim,’Sydney Morning Herald (Sydney), 3 August 2010, 1.
27.
‘What's news?’, The Daily Telegraph (Sydney), 9 August 2010, 26.
28.
BensonKate, ‘McInnes's 37 million reasons to come back,’Sydney Morning Herald (Sydney), 16 August 2010, 3.
29.
HorneryAndrew, ‘A $37m question of tactics’, Sydney Morning Herald (Sydney), 7–8 August 2010, 20.
30.
LaheyKate, ‘“No” gets no firmer than a $37 million lawsuit’, BusinessDay, Sydney Morning Herald (Sydney), 4 August 2010, 1.
31.
Fife-YeomansJanet, ‘$37m sex suit: Inside Australia's biggest harassment case’, The Daily Telegraph (Sydney), 3 August 2010, 2.
32.
Fraser-Kirk v David Jones Limited [2010] FCA 1060 at 4.
33.
MoranSusannah, ‘Key part of Kristy Fraser-Kirk's case against former David Jones boss Mark McInnes in doubt’, The Australian (Sydney), 23 September 2010, 5.
34.
$37 million. David Jones punitive damages were calculated as ‘5% of the profit generated by David Jones during the regime from 2003 to 2010 during which McInnes served as Executive Officer’. The claim against McInnes was to be ‘5% of the total remuneration and benefits earned by him during his regime as Chief Executive Officer of David Jones’ (paras 83 and 84, Statement of Claim).
